From whom can an NRI inherit property

How can one give massive preference to a child in the regulation of the succession and at the same time disadvantage other children?

  • Make one child the sole heir
  • Transferring assets to a child during their lifetime
  • Order the exclusion of the dispute in a will

The sympathies within a family are not always evenly distributed.

So it is not surprising that parents sometimes look for ways to give preference to one of several children when regulating their own succession.

Often it is also the parents' wish to keep other existing children as far away from the estate as possible.

If parents are concerned with such thoughts, then there are various options available to them within the framework of the regulation of their inheritance.

The establishment of a child as the sole heir

First of all, as a parent you can choose the classic route and use one of the children as the sole heir in a will or inheritance contract.

After the parent dies, one child gets everything and the other children are disinherited.

Of course, this solution usually has a catch. Even with the disinheritance of the other children, the parent cannot prevent the disinherited children from claiming their compulsory portion in the event of inheritance under Section 2303 of the German Civil Code.

The disinherited other children can therefore regularly not be completely kept away from the estate if only one child is appointed as sole heir.

The heir is burdened with the compulsory portion claims. After the inheritance has occurred, the heir has to grapple with the demands of his siblings.

Transfer the assets to a child while still alive

Of course, nothing speaks against transferring assets to a child while they are still alive.

Assets that parents transferred to one of their children during their lifetime cannot and must no longer be inherited.

Of course, this solution also has its downsides.

It may not be pleasant for everyone to part with all or part of their wealth while they are still alive.

Once you have transferred your wealth to a child, you no longer have any access to that wealth.

It is not possible to plan with absolute certainty whether the child concerned will deal with the assets in the interests of the parent or whether the parent himself will find himself in a situation in which one wants to access the assets.

Possible entitlement to an additional compulsory portion for the other children

In the case of lifelong giving away of assets, one should also note that those children who do not receive any lifelong allowances may, after the inheritance, assert a claim to a compulsory portion supplement according to § 2325 BGB (German Civil Code).

Under certain circumstances, this applies both in the case of legal succession and in the event that the parent leaves a will in the form of a will or an inheritance contract.

Eliminate the dispute and give a child a usufructuary right

A special and little-known way of giving preference to a child can be achieved when regulating his succession by excluding the dispute according to Section 2044 of the German Civil Code (BGB).

According to Section 2044 of the German Civil Code, the testator can order in his will that his estate should not be divided among the heirs for a maximum of 30 years.

If the estate consists of a property, for example, then with such an arrangement in the will, no co-heir cannot pursue a division dispute in order to “silver” the property after the inheritance has occurred.

In such a situation, a certain co-heir can be improved by granting this certain co-heir a usufructuary right to individual assets or even to the entire property during his lifetime.

In this case, after the inheritance has occurred, a - privileged co-heir - can exercise his right of usufruct and take advantage of the estate, while the other co-heirs are not allowed to claim the estate dispute.

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