The legacy is to be distinguished in the Rest of the pad
A succession of physical legacy, the donation of a specific asset benefit under a will or inheritance contract, without the is used with the legacy Legatee (legatee) as a heritageThe legatee acquires the property in question not directly with the death of the testator. He obtains only a claim against the with the legacy of contaminated heirs. The statutory provisions of the legacy are to be found in German law in §§ et seq. The legacy consists, in accordance with § BGB in the grant of a financial advantage by Testament, without the Beneficiary as an heir. one subject-matter of a legacy can be the donation of any assets, such as the Transfer of ownership of certain things, the payment of a sum of money or the granting of Rights such as residential rights or a right of usufruct. two, However, advantage of not acquiring to the legacy of the Thought of the endowed Assets themselves (such a so-called recovery legate not) is familiar with the German law. Rather, it is acquired by the Legatee only a contractual claim for transfer of the Facing, i.e. the right to the fulfillment of this claim of the with the legacy Complained to require (§ of the BGB). three With the legacy of the one who is supposed to fulfill according to the will of the testator, the claim of the Legatee out of the estate, the heir or several heirs is complaining.
But it can also be complained to another legatee, in turn, with a legacy (so-called under legacy) (§ BGB).
The fact that the legacy justifies only a claim needs to be from the obligor meets, it differs from the bequest allows, in the case of the death of the testator, the assets transferred to the heirs or a majority of the heirs (so-called universal succession). With a circulation of the heir or legatee is obliged to provide a service, such as the tomb of care, or the care of Pets after the death of the testator. four Specific for the legacy of the applicable regulations are according to applicable (§ BGB). To the suspension of a legacy the use of certain words in the Testament or contract of inheritance is not required. In §, Para two of the German civil code contained an interpretation rule is in the allocation of individual items in case of doubt, the arrangement of a legacy. The testator, for example, has:"My hunting rifle, my friend, everything else that I own, I bequeath to my son,"the son, heir and legatee. This means that the son with the death of the deceased in all the Assets of the same engages the friend, however, a claim against the son, as heir to the procurement of the ownership of a gun, and on surrender of the same. In practice, the will of the testator is often only through interpretation ergründbar. In the event that the Thought no longer lives in the event of Succession, may order that the deceased, a replacement legacy, section of the civil code. A Nachvermächtnis if the The testator has determined a vorvermächtnis taker and a nachvermächtnis-taker. The nachvermächtnis the licensee should then be able after the occurrence of an event of the vorvermächtnis licensee is the subject of challenge.
In most Islamic countries, they are allowed today
The procurement legacy of the testator's will is on a subject that is not part of the estate. The legacy of dam values must then purchase the item with funds from the estate and the legatee. However, § of the civil code, note that, in principle, a bequest is not invalid, if it refers to a of the estate belonging to the subject. A procurement legacy may therefore be adopted only if it is established that the testator wanted to address the subject. The legacy (section of the BGB), With the legacy of a heirs of himself, i.e, he is both heir and as a legatee. He gets a certain item from the estate without credit his share of the inheritance. In practice, it is a source of constant difficulties, the delineate in advance the legacy of the sharing arrangement. A countervailing duty against the co-heirs for the division of the arrangement, the legacy. Misunderstandings arise especially in the case of self-drafted wills, due to the unclear and contradictory formulations of the civil code: the legacy as a donation is defined in §"without him the beneficiary as an heir", while §, legacies are in favour of the heirs is possible, then advance legacies. In the case of the"My Stock holdings, my son receives A, the other assets received my sons A and B to the same Parts,"it remains unclear whether the testator wanted to favor the A (advance legacy) or a return for the Portfolio, aimed at (then-sharing arrangement). According to case law, the legacy is regularly before the To satisfy the distribution of inheritance. five, A universal legacy, if the testator himself to a third of the entire Inheritance means legacy, and has made clear that the rule of Interpretation of section of the civil code do not apply. Main article: Universal fideicommissum Because it is the legacy of a contractual claim, subject to the General rules of the assignment. In Islamic law in most Islamic countries, there is the Institution of the testamentary legacy. This legacy must not exceed one-third of the assets (after deduction of funeral expenses and debts), unless the legal heirs, to whom certain obligations of the parts, agree. The question of whether bequests are to legal heirs is permitted, will be evaluated in the different schools of Islamic law differently. While Muslims and non-Muslims are not entitled to inherit according to Islamic law each other, is the legacy of a Muslim in favour of non-Muslims effectively. six This is a starting point for individual solutions in the case of inter-religious marriages. seven of The suspension of a legacy according to the Islamic teaching standards, in principle, as recommended.
