Due to the amendments of the Inheritance Law Amendment Act 2015, the cohabitant is now entitled to an “extraordinary” right of inheritance. However, the prerequisite for this is that there are no priority heirs to whom the estate is due. If there is only one legal heir, there is no succession of the cohabitant. However, if the conditions are met, this subsidiary right of inheritance applies and the cohabitant receives the entire estate.
In addition, he may also be entitled to the statutory advance bequest.
The prerequisite for the statutory advance bequest and the extraordinary right of inheritance is the existence of a residential community of at least three years prior to the death of the decedent. This requirement can only be waived for certain reasons (e.g. health aspects).
