FAQ

Can the right of inheritance itself be inherited?

Yes, the right of inheritance, like other rights, is inheritable. If the heir survives the decedent but dies before the estate is probated, the inheritance rights acquired by him or her pass to his or her own heirs. Multiple levels of transferring the right of inheritance – i.e. passing on to heirs of the heirs – are also possible. The transfer of the right is independent of the title of the inheritance right – thus, it includes the inheritance contract, the will and the legal succession. The prerequisite for such a transfer is the existence of the capacity to inherit vis-à-vis the respective direct decedent.

 

However, this does not include cases in which the heir dies before the inheritance takes place. In such cases, the inheritance right that could be transferred is not acquired at all.

 

Inheritance of the right to inherit may also be excluded by the decedent.

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