Pre-heir and post-heir: definition and tips

Pre-heir and post-heir – If you want to be absolutely sure that your assets (including your real estate) remain within a defined circle of heirs, you can determine the so-called “preheirs and post-heirs” in your will. Especially when inheriting real estate, this procedure offers numerous advantages. Here you can find out what needs to be taken into account when naming preliminary and subsequent heirs and which aspects result from this option, especially for the real estate business and the tasks of the estate agent.

Intestate succession

In principle, the topic of “inheritance and estate” is always in good hands with a (specialist) lawyer. The construction of pre- and post-heirs is complicated. Nevertheless, there are a few easy-to-understand principles that every property owner should know and can also easily implement themselves. Here are some questions that come up again and again and which we will answer in the following.

• Pre-heir and post-heir – what is it all about?
• My mother is the previous heir. Is she allowed to sell her part of the house so easily?
• Is the owner (previous heir) entitled to sell the house without the consent of the subsequent heir or does the latter have to agree to the sale?
• I’m heir apparent, now what?
• House sale despite succession?

Pre-heir – post-heir: what does it mean?

Anyone who wants to bequeath something is free to determine the heirs and can therefore also transfer his or her inheritance to several persons in a staggered manner. The subsequent heir is then the person who receives the inheritance only after another person – the so-called previous heir – has previously inherited. The testator can, for example, choose an occasion or a point in time for the succession to occur, such as coming of age or passing the master’s examination.

The previous and subsequent heirs are both legal successors of the testator. However, they do not form a community of heirs in which they would inherit at the same time, but inherit one after the other due to the instigation of the testator.

Pre- and post-heirs for married couples – safeguarding assets in the family

The inheritance regulation by means of a pre- and post-heir is often used by married couples. In this way, they can ensure that all their joint assets remain in their own family. For this purpose, the spouses each name the other as a pre-heir and the joint children as a post-heir. Even in the event of remarriage after the death of one spouse, the assets cannot be inherited by the new spouse.

Pre-heirs – tasks, duties and rights

Pre-heirs are also referred to as ‘temporary heirs’. This is because they only have limited power of disposal over the estate. Particularly in the case of inherited real estate, this situation has consequences for both sides – i.e. the previous and subsequent heirs. First of all there is the inheritance tax. This is always payable initially by the previous heir.

• The previous heir must pay the inheritance tax from the funds of the previous inheritance.
• The previous heir is only the heir until the next of kin occurs.
• If a property is inherited and occupied by the previous and subsequent heirs themselves, no inheritance tax is payable
• The property must be owner-occupied for at least ten years after acceptance of the inheritance
• The owner-occupied living space must not exceed 200 sqm.
• Only then no inheritance tax is due

Statistics – Heritage in Germany

Read more facts and figures here: Real Estate Statistics. We also have other interesting studies, surveys and statistics on the topic: Inheritance in Germany.

Restriction of disposition – exceptions and rights of the previous heirs in real estate transactions

The previous heir cannot dispose freely of the estate. Inheritance law imposes certain restrictions on the disposal of the estate by the previous heir, because in the event of a subsequent inheritance, the assets should accrue to the subsequent heir undiminished. For example, the previous heir may not sell or give away any property from the estate without the consent of the subsequent heir. The previous heir may use other inheritance items for himself, but he is obliged to compensate the successor for the value of the item after the succession has occurred.

However, the testator may exempt the predecessor from many of these restrictions. This is then referred to as an exempt preheir. The “exempt estate” – which may then also include real estate – may be sold by the exempt previous heir alone, without having to obtain the consent of the subsequent heir.

Pre-inheritance & post-inheritance – advice from a lawyer

Broker tip: Watch out when buying inherited real estate

If a property from an estate is to be sold, there are many details to consider – for the seller and also for the buyer. At the latest here – after a lawyer has also been consulted for advice – the broker should come into play. The experts at Lukinski – Lukinski – have the necessary expertise to help with these complex issues.

Especially important: the real estate agent has the necessary distance to accurately determine the value of an inherited property. With inherited houses, money is often given away unnecessarily because the heir wants to get rid of his inherited property quickly. The opposite is also possible: so many memories and emotions are attached to the inherited house that the value is set too high. The property is then difficult to sell.

Find a broker as a pre-heir

Finding a broker as a pre-heir means paying attention to very special services. This is because the broker must be very familiar with the legal intricacies of succession and the connections between the pre- and post-heir.

Lukinski will perform for you as a pre-heir:

• The neutral valuation of your inherited property
• The professional sifting and arrangement of all documents from the inheritance necessary for the sale
• The professional and sales-promoting staging of your object (photos/videos)
• Your emotional state is given special consideration
• The proper creation of an appealing sales exposé
• The discreet placement of your property in all relevant media
• The analysis of our extensive customer file for suitable buyers
• The discreet organisation and execution of viewing appointments
• The discreet conduct of negotiations with prospective buyers (if desired, without your presence)
• Finalization of the purchase contract in cooperation with notaries

When will the broker be paid?

A reputable agent and real estate salesperson will only be paid upon a successful closing and will discuss their fee rate right at the beginning of the sales process. Openness and transparency are therefore fundamental criteria by which the house seller recognizes the good broker.

How much is inherited in Germany?

Here you can see inheritances and gifts in Germany. The survey ranges from 2008 to 2018 and shows that over 110,000 inheritances are distributed each year. Great potential for dispute if the community of heirs does not agree. Here you can find more interesting studies, surveys and statistics on the topic: Inheritance in Germany.

You can find more statistics at Statista

How much money is inherited?

Since 2014, Hamburg in particular has been at the top in Germany. Hamburg is currently at the top with 167.80 euros. In no other city is so much inherited. With a population share 2.19% of total Germany (1.82 million out of 82.79 million), a total volume of 305,731,600 euros is inherited annually.

• Population share Hamburg 2.19%
• Inheritance in Germany (comparison year) 109,635; statistically 2,401 inheritances in Hamburg
• Total inheritance (Hamburg / year) 305.731.600 Euro

You can find more statistics at Statista