Last Updated on July 1, 2021 by LawEuro
German Civil Code (BGB) German law
Division 6
Unworthiness to inherit
Section 2339
Grounds for unworthiness to inherit
(1) A person is unworthy to inherit:
1. if he has intentionally and unlawfully killed or attempted to kill the deceased, or has put him in a state as a result of which the deceased was incapable until his death of making or revoking a disposition mortis causa,
2. if he has intentionally and unlawfully prevented the deceased from making or revoking a disposition mortis causa,
3. if he has, by deceit or unlawfully by duress, induced the deceased to make or revoke a disposition mortis causa,
4. if he is, in respect of a disposition mortis causa made by the deceased, guilty of a criminal offence under the provisions of sections 267, 271 to 274 of the Criminal Code [Strafgesetzbuch].
(2) In the cases set out in subsection (1) nos. 3 and 4, unworthiness to inherit does not occur if, before the occurrence of the devolution of the inheritance, the disposition that the testator was induced to make or in respect of which the criminal offence was committed has become ineffective, or the disposition which he was induced to revoke would have become ineffective.
Section 2340
Enforcement of the unworthiness to inherit by avoidance
(1) Unworthiness to inherit is enforced by avoidance of the acquisition of the inheritance.
(2) Avoidance is admissible only after the devolution of the inheritance. Avoidance may be effected as against a subsequent heir as soon as the inheritance has devolved upon the prior heir.
(3) Avoidance may be effected only within the periods specified in section 2082.
Section 2341
Persons entitled to avoid
Any person is entitled to avoid if he benefits from the cessation of entitlement of a person unworthy to inherit, even if this is only on the cessation of another person.
Section 2342
Action for avoidance
(1) Avoidance is effected by bringing an action for avoidance. The action must be directed to having the heir declared unworthy to inherit.
(2) The avoidance does not enter into effect until the judgment is final and absolute.
Section 2343
Forgiveness
Avoidance is excluded if the testator has forgiven the person unworthy to inherit.
Section 2344
Effect of a declaration of unworthiness to inherit
(1) If an heir is declared unworthy to inherit, the inheritance is deemed not to have devolved upon him.
(2) The inheritance devolves upon the person who would be entitled to inherit if the person unworthy to inherit had not been living at the time of the devolution of the inheritance; the devolution is deemed to have occurred upon the devolution of the inheritance.
Section 2345
Unworthiness to receive a legacy; unworthiness to receive a compulsory share
(1) If a legatee is guilty of one of the examples of misconduct set out in section 2339 (1), his claim arising under the legacy is voidable. The provisions of sections 2082, 2083, 2339 (2) and sections 2341 and 2343 apply.
(2) The same applies to a claim to a compulsory share, if the person entitled to the compulsory share is guilty of such misconduct.
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