The Right Words for the Expression of Sympathy: Speech to Wreath Choice

Finding the right words is very difficult, especially in a bereavement. No matter whether it is a funeral card, the inscription of a wreath ribbon or a funeral speech. The words should be chosen tactfully and carefully to pay the deceased the necessary honor. For those who find the choice of words difficult, we offer support and give some examples and tips for the appropriate words as a funeral service.

Pay Attention to the Level of Relationship to the Deceased

In order to find the right words and gestures in the case of bereavement, one should first of all be clear about the relationship one had with the deceased. It may well make a difference whether the basis of the expression of mourning was a rather business or clearly personal relationship. For example, surviving relatives do not expect profound thoughts when expressing sympathy if the deceased and the mourner had a purely business relationship. In this case, the standardized phrases (“With great dismay…”, “Deeply saddened I was…” etc.) may be used in the card text without any problems.

More demanding and also accompanied by the corresponding expectations of the relatives are condolences based on a previously very personal relationship with the deceased. For both sides – the immediate family of the deceased and the conductors – memories of shared experiences play a major role and influence the content and form of what is said.

But it can also be a great help for the conductor to find the right words and to fall back on the personal relationship with the deceased. The beginning of the conversation with the bereaved, even a speech or written condolences can help us to remember these personal encounters. Often, the right words and thoughts arise from these encounters, even without “outside” help.

The Introduction – Mourning and Salutation

And yet: It is often the moment of mourning that is the hardest. A funeral oration can be started well with a tactful funeral proclamation, condolence or condolences. Sayings of this kind deal with the topic of mourning, death, parting or loss. They are always empathetic and encourage reflection and contemplation.

For the entrance into a mourning procession it is however quite alright to begin with an important sentence or thought of the deceased, which remained in good memory to the conducting person. In this way, a personal bridge is immediately built between the deceased, the immediate bereaved and the speaker.

In the context of the later following personal words of condolence reference can be made to this saying. Afterwards follows the address of the mourning family. If there is a personal relationship to them, they should be adressed directly with their first name. More details: inheritance guide. Some formulations, which are well suitable as salutation, are for example love mourning family, love mourners, love family Mayer, …

The Words of Condolence – Personal Stories and Words of Condolence

After the salutation, the words of condolence should follow directly. Here the topic death can be adressed directly, but also personal memories of the deceased can be mentioned. Together experienced moments, small stories or anecdotes about the life of the deceased or simply the deep expression of grief. It is important to show the mourning family that the loss was also very painful for you, but that the memories, love and experiences are much stronger than death. Make sure to remain tactful and choose your formulations wisely. It helps to make some notes about the content of the speech before you start.

Stay True to Yourself

Many people are tempted to pretend to be sadder, more pious, more affected by expressions of sympathy than they really are. The reason for this attitude is often that the person conducting the conduction believes that a certain mourning attitude is expected of him. But the opposite is the case: whoever has not presented himself as a particularly spiritual person in his previous relationship with the deceased and the bereaved should not suddenly appear “more papal than the pope” in his words of condolence.

The basic rule is: Even in the event of a bereavement and with condolences, remain authentic. The person conducting the condolence should remain true to himself and his kind. Thus, a person who is fundamentally fun-loving and who has always met the deceased with humor and lightness may also take this attitude when expressing his or her condolences. Provided that one is really serious about this lightness. As a rule, people can sense very well whether their counterpart is really serious – even in the case of bereavement.

Grave and Wreath Ribbon – the Right Choice of Words

In the event of a bereavement, it is common for close family members, relatives and good friends to buy a wreath in memory of the deceased. For this purpose it is not only necessary to choose the flowers and the optical picture, but also to choose an inscription of the wreath bow. It can be both sayings, which come particularly from the heart but also a sensitive last greeting. Examples are words like ‘We will never forget you! – Yours …’ or ‘In silent remembrance’.

Mourning – Ideas and Suggestions for your Speech

So that you are not alone in writing the funeral proclamation, we have put together some ideas and suggestions for your funeral speech to help you find your bearings. Every funeral oration should contain something personal, which is why we recommend supplementing our ideas and suggestions with personal anecdotes or stories.

Beginning the Eulogy

• Dear Family XY,
• Dear Mrs. XY,
• We express our deepest sympathy for the death of your husband.
• I am deeply saddened and express my sincere condolences to you and your family on the death of your dear mother…
• We have prayed, trembled and hoped with you. But now we quietly mourn with you.
• We still cannot believe that your brother has left us forever…
• It hurts me a lot to lose a good friend…
• It is so unspeakably difficult to find suitable and comforting words.
• I would like to express my sincere condolences to you for the heavy loss through the death of your wife…
• It is so painful to lose a loved one so suddenly.
• We share with you the painful loss that you have suffered through the death of …
• We are all very saddened by the tragic loss of your beloved brother. Our sincere condolences as well as much strength for the difficult hours of mourning and farewell.

The Words of Condolence

• We will keep her in best memory and continue her life’s work in her spirit…
• Deeply touched, I would like to express my deepest sympathy to you.
• All who knew her were impressed by her charisma and her helpfulness…
• May the pain of death not overwhelm you and may the memory of our time together give you enough strength for the future.
• He was my best friend, I will never forget him…
• I wish you, supported by your children and grandchildren, to find enough strength to master the further path of life.
• We loved her very much, and her cheerful nature was always an example for us…
• I wish you a lot of strength and mutual love during this time
• Many people will remember her with gratitude and love…
• I hope that your grief will soon become a loving memory.

Sadness Quotes

Johann Wolfgang von Goethe

It is a distance that was, that we come from. It is a distance that will be that we go to.

The following quotation is also from Johann Wolfgang von Goethe. Absolutely true words, which anyone who has ever mourned can understand.

What you have deep in your heart,
one cannot lose by death.

Franz Kafka

You can see the sun slowly setting and yet get a fright when it is suddenly dark.

Ernest Hemingway

Only a few people are really alive and those who are never die. It does not count that they are no longer there. No one you really love is ever dead.

Dalai Lama

Inner happiness is not dependent on material circumstances. It is rooted in our mind

Confucius

All worldly things are only a dream in spring. Think of death as a homecoming.

Theodor Fontane

Still it will be! And as the deep peace
a quiet contraction now went through,
there it may be that isolated
the earth soul flew upwards.

Thomas Mann

The bonds of love are not cut with death.

William Shakespeare

We are such stuff as dreams are made on, and our little life is rounded with a sleep

Forced sale quickly explained – procedure, tips & tricks

If you don’t like to read long explanations about the procedure of a foreclosure sale or about the tips and tricks, we have put together some videos for you in which these topics are explained in an understandable and good way.

Read also:

• Foreclosure explained
• Online portal and local court list
• Prevent foreclosure
• Foreclosure Submission
• Receivership
• Compulsory mortgage

If you want to participate in a foreclosure auction as a bidder or you are facing the foreclosure of your own property, the first thing you ask yourself is how such a procedure actually works. The procedure is always the same and firmly regulated. In this video you will learn the exact procedure of a forced sale. Claus Roppel explains the procedure in such a way that it is understandable for every layman. So that it comes at all to the enforcement proceedings must first be given certain enforcement requirements.

The conditions for enforcement

• Title – a document, a court judgment or an enforcement order that determines the claim to be enforced.
• Clause – Official note of enforceability
• Service – the title must have been served on the debtor before or at the time of the commencement of enforcement proceedings

In this video Christian Schmitt explains which things should be considered when participating in a foreclosure auction and he gives helpful tips and ticks.

Bargain hunting at foreclosure sale

If you’re still unsure about whether you should attend a foreclosure auction, you might find this video helpful. Are bargains common at a foreclosure auction, or do you usually pay the going rate, or even more?

This video is about tips that might help you prepare for a foreclosure. It makes sense to watch the event several times before attending a foreclosure auction yourself. You can find the dates of foreclosure auctions either on websites, such as Zvg24 or in the notice boards of the relevant local courts. Most bidders go to a forced sale with the aim of getting a bargain. But to achieve this goal, you should prepare well for the foreclosure auction.

Opportunities & Risks

In this video, you’ll learn more about the opportunities and risks involved in a foreclosure. Here are 4 things you should definitely consider before you participate in a foreclosure auction:

1. Review market value appraisals
2. Examine land records
3. Note the file number of the object to obtain even more information
4. If possible, arrange viewing appointments

Risks of a forced sale – You should be aware of these risks

Of course, there are certain risks involved in a foreclosure. A foreclosure involves risks that you should definitely be aware of. Here we have compiled possible risks for you so that you can prepare yourself for the situation in the event of a foreclosure.

Personal viewing rarely possible

Before participating in a foreclosure auction for a property, it is important to obtain sufficient information beforehand. Unfortunately, it is rarely possible to inspect the interior of a property in advance, as the occupant does not have to allow any insight into the interior. For this reason, possible damages or defects often only appear afterwards.

Existing tenancy must continue to exist – unless own need

If you buy an already rented property at an auction, you automatically become the landlord and have no right to terminate the tenancy, unless you need the property for your own use. You are therefore bound to the tenants to a certain extent.

Bidder offers more than financially possible

At a foreclosure auction, there is always the risk of falling into a so-called “bidding frenzy”. If the desire to buy the property at auction is particularly great, the risk of getting into such a situation increases. The active bidders drive each other up and do not notice it sometime that they have already arrived at the limit fixed by themselves before. Through this happening it can happen that one drives oneself into a financial ruin. Once a foreclosure sale has been concluded, there is no longer any right of withdrawal.

No warranty on construction defects

If you have managed to buy a property at auction and afterwards construction defects occur, this is particularly annoying. The disadvantage of a forced auction is that there is no warranty on construction defects.

After watching these videos, you should know enough about the process, tips and tricks. Still want to learn more about the foreclosure process? Then you can learn more here:

Reject inheritance – makes sense depending on the situation

The inheritance does not always hold only good things in store for the descendants. Even if many dream of riches and expensive jewellery, debts or dilapidated real estate can also be part of the estate. In such cases, it is possible to disclaim the inheritance within a certain period of time and in accordance with certain criteria. What happens to the inheritance afterwards and how you can best proceed in such a case is now explained by the experts at Lukinski.

The form and deadline – you must pay attention to this

To disclaim the inheritance requires some rules. Simply notifying the family or simply having no reaction to the inheritance is not enough. The form is very crucial. The heir must make a disclaimer to the probate court either in the form of a transcript or in a publicly notarized form. However, a simple letter is not sufficient. A personal appearance before the probate court is also possible. There, the heir explains his or her request and a judicial officer records it in writing. The local court in whose district the deceased had his or her last residence is responsible. If the deceased is German, but had his residence abroad, the Berlin-Schöneberg Local Court is responsible. In Baden-Württemberg there is a special regulation. In this federal state, the state notary’s office is your contact.

However, not only the form is very decisive for the success of the disclaimer, but also the content and the deadline of the declaration. This must have clearly listed why the inheritance does not want to be accepted. The reasons should be clearly listed. These may include, for example, that the estate consists mainly of debts. The declaration is subject to a so-called six-week period. If the heir does not wish to accept the inheritance, the relevant declaration must be submitted to the competent probate court within six weeks, otherwise the inheritance is deemed to have been accepted. The cut-off date is assumed to be the day on which you learned of the inheritance, which usually coincides with the day of death. The deadline is only extended in certain exceptional cases. For example, if the deceased or the heir himself is abroad at the time of death, the six-week deadline can be postponed.

Generally speaking, the probate court does not have a duty to bring. The heirs are only notified of the inheritance if there is a will or if they succeed to the inheritance because, for example, someone else has already disclaimed the inheritance. In all other cases, the heirs are assumed to know whether or not they inherit anything from a deceased family member.

• The correct form is decisive in order to make the disclaimer of the inheritance legally effective.
• The content of the declaration must contain precise reasons for the renunciation of the inheritance
• Heirs are not informed of their role as heirs by the probate court unless there is an estate, or they succeed to the estate as heirs

Inheritance: Accept or reject? – Tips from a lawyer

Rejecting an inheritance – When does it make sense?

No heir is obliged to accept the inheritance. This is mainly for the protection of the heir, because he or she receives not only the assets but also the debts of the deceased, for which he or she is liable with his or her own private assets. Before an inheritance is therefore started or struck, each heir should first of all get a precise overview of the assets and debts of the deceased. These include bank balances, securities, valuables, land and real estate, but also funeral costs, loans, maintenance arrears or compulsory portion claims. The costs of an estate administration or a will opening can likewise be added. If this examination shows that there is more debit than credit, it makes sense to disclaim the inheritance. If real estate in need of renovation is part of the estate, a detailed examination is also necessary. If the inheritance is accepted, a lot of money must be invested in the renovation work, which can be very expensive depending on the case. Therefore, you should carefully consider whether you want to accept the inheritance in such a case or not.

• An over-indebted inheritance can lead to the financial ruin of the heir
• Renovable real estate can be part of the inheritance and lower the value of it

The costs – disclaiming inheritance in the event of overindebtedness

If the inheritance is overindebted, the costs are very low. The fees for disclaiming the inheritance are a flat rate of 30 euros at the probate court. If an inheritance that is not overindebted is rejected, the costs are incurred in accordance with the Court and Notary Costs Act. The higher the value of the estate, the more expensive the proceedings will be.

An inheritance can only ever be disclaimed in full. Accepting the assets and disclaiming the debts is therefore not possible. If an inheritance is disclaimed, the heir is no longer entitled to the compulsory portion, which is normally due to each heir according to the law. If the estate is disclaimed by all possible heirs, it becomes the property of the state. The latter uses the assets (if any) to pay off part of the debts. The creditors of the remaining debts are left empty-handed in such a case.

• The cost of eliminating an inheritance in the event of overindebtedness is very low
• An inheritance can only ever be accepted or disclaimed in full.

Udecide in retrospect – is this possible?

Once an inheritance has been accepted or the deadline has passed, there is usually no turning back. However, once again exceptions confirm the rule. In certain cases, it is possible to withdraw from the inheritance after the fact. If, for example, it comes to light after the acceptance of the inheritance that the estate contains a large loan from the deceased, of which you were unaware until then, the acceptance of the inheritance can be contested. However, as a prerequisite, you must have had full knowledge of the assets and debts of the estate. However, if the heir wants to contest the acceptances because the six-week period was not known or it was not clear when it starts, this is also possible with a good lawyer.

In the opposite case, there are also some possibilities. If the inheritance was disclaimed due to over-indebtedness and it subsequently transpires that the estate does not contain as many debts as was assumed at the outset, the disclaimer cannot be contested. If, however, it subsequently transpires that securities or real estate are part of the estate of which you had no knowledge at the time of the disclaimer, a challenge is very much possible. The contestation must be declared in writing to the probate court within six weeks after the error has been recognised and must state the reasons for the contestation.

• Depending on the case, a subsequent disclaimer of the inheritance is possible
• However, the disclaimer of the inheritance can also be challenged retrospectively.

Read more about inheriting without a will!

The most important questions on the subject of disclaiming an inheritance

Many regulations, deadlines and declarations make the disclaimer of an inheritance complicated. So that no questions remain unanswered for you, our experts at Lukinski answer the most important questions on the subject of disclaiming an inheritance.

What does it cost to disclaim an inheritance?

The cost of disclaiming an inheritance in the event of over-indebtedness is a flat rate of 30 euros. If an estate that is not overindebted is disclaimed, the costs are calculated according to the amount of the estate.

What if you disclaim an inheritance?

If an heir disclaims the estate, he or she is no longer entitled to take over the assets and debts of the deceased and is not liable for them with his or her private assets. With a disclaimer, the heir loses all rights and claims he or she has to the estate. This also includes the compulsory portion.

When does the deadline begin to disclaim inheritance?

The six-week period to disclaim the inheritance begins when the heir becomes aware of his or her status as one. In most cases, the period begins with the knowledge of the death of the testator, that is, the date of his death.

What is the intestate succession?

If no will has been left or if it has been found to be invalid, the legal succession applies. This is based on the degree of kinship and the marital property status of the testator. The relatives are divided into three orders for this purpose.

What do I have to do to disclaim an inheritance?

The heir must present himself in person at the probate court of his own residence or the last residence of the deceased, identify himself and disclaim the inheritance. On the spot, the rejection is put on record.

What happens to the debt after death?

In principle, after death, both the assets and the debts pass to the heirs as long as they do not disclaim the inheritance.

The legal succession – this is how you inherit according to the law

Legal succession regulates both the order of heirs and the individual amounts that are inherited. First the closest relatives, such as children and grandchildren, inherit and then the more distant relatives, such as nephews and nieces. Closer relatives generally exclude the more distant relatives from inheritance. The proportion to which the individual heirs inherit is documented in the certificate of inheritance.

The legal succession is based on the Parantel – or order system. It divides the relatives into different orders. Accordingly, children and grandchildren of the deceased belong to the first order. Parents, siblings, nieces and nephews of the testator are assigned to the second order. The third order includes grandparents, uncles and aunts as well as cousins of the deceased. Spouses and registered partners are not considered relatives, but have the right of inheritance as spouses. This gives them a special status and limits the right of relatives to inherit. Relatives of the preceding order always exclude relatives of a subsequent order from the succession.

The spouse – special position in the law of succession

Although the spouse or registered partner is not considered a relative in the legal succession, he or she has a special position. If the deceased leaves both a spouse and children, the spouse inherits half of the estate and the children the other half. However, if there are more than three children, the spouse receives only one-fourth and the children divide the remainder among themselves. If there are only second-order relatives or grandparents, the spouse receives half of the estate and the second- and third-order relatives share the other half. If there are no relatives of the first, second or third order, the spouse inherits everything.

If the deceased leaves neither relatives nor spouses, the state inheritance law applies. The federal state in which the deceased last had a residence inherits the estate.

Heirs of the first order – children and grandchildren

The first order includes the children and grandchildren of the deceased. Non-marital children born after 1 July 1949 are also entitled to inherit. If a child of the deceased and the spouse are alive at the time of death, both inherit half. If several children are living, the inheritance is divided between them and the spouse. If children of the deceased are already deceased, the grandchildren inherit.

Explained by example: If the deceased leaves his mother, his spouse, 2 children with two grandchildren each and a deceased child with one grandchild, the following succession results. The mother is not entitled to inherit because she belongs to the second order and there are heirs of the first order. The spouse and the two living children inherit in equal shares. The grandson of the deceased child takes the place of the parent in the succession and thus inherits in equal shares with the two living children and the spouse. The grandchildren of the living children also do not inherit.

Heirs of the second order – parents and siblings

If there are no children or grandchildren, the heirs of the second order. The second order includes parents, siblings, nephews and nieces. If both parents of the deceased are alive at the time of death, the estate is divided in half. However, if one parent is already deceased, the descendants of this parent, i.e. siblings or nieces and nephews of the deceased, take their place.

Explained by example: The testator leaves his mother, a sister with two children, a nephew of the deceased brother and a half-sister from the father’s second marriage. The inheritance is therefore distributed as follows: One half of the estate goes to the mother’s line and the other to the father’s line. Since the mother is still alive, she receives half of the inheritance. Since the father is already deceased, his inheritance falls to his children. In this case, to the sister, the deceased brother and thus the nephew of the deceased, and the half-sister from the second marriage. These three divide the other half of the inheritance. The children of the still living sister do not inherit.

Heirs third order – grandparents and aunts / uncles

If the deceased leaves only heirs of the third order, the inheritance is divided as follows. The inheritance of the deceased falls to the grandparents and their descendants. If a grandparent has already died, the inheritance also falls to the aunts, uncles, cousins of the deceased.

Explained by example: If the testator leaves only his grandmother and an aunt with two children, they inherit as follows. The grandmother receives half of the estate. Since the grandfather is already deceased, his descendants inherit his share. In this case, therefore, the aunt inherits the other half of the estate. However, the two children do not inherit.

Legal succession at a glance – Who inherits if there is no will?

Adopted children – inheritance claims against biological and adoptive parents

Adoption confers legal kinship on a child. If the child is a minor at the time of adoption, it acquires the legal status of a joint child of both spouses and thus belongs to the heirs of the first order. Thus, not only the adopted child inherits from the parents, but also vice versa. With the adoption, however, the child loses all claim, rights and duty to the blood relatives and is therefore no longer entitled to inherit from the natural parents. This is regulated differently in the case of adopted children who have reached the age of majority. The kinship relations to the bodily parents do not expire and thus an adopted child of full age can be entitled to inherit from up to four inheritance parts, the bodily and the adoptive parents. However, there is no legal right to inherit from the relatives of the adoptive parents.

Read more about inheriting debt!

All questions about inheritance without a will

Inheriting without a will can often lead to disputes within the family, as the last will and testament of the deceased is not made clear. In order to clarify all questions in such a case and to avoid disputes, the experts of Lukinski have answered all important questions around the topic of inheritance without a will.

What is the intestate succession?

If no will has been left or if it has been found to be invalid, the legal succession applies. This is based on the degree of kinship and the marital property status of the testator. The relatives are divided into three orders for this purpose.

When does the spouse inherit?

In principle, the spouse always inherits. However, how much he inherits depends on the remaining relatives of the deceased. If there are no relatives, the spouse inherits the entire estate alone.

When does the state inherit?

The state inherits if there are no relatives or other dependents, such as the spouse or partner. This is stipulated in the Fiskalerbrecht according to § 1936 BGB.

When do siblings of the deceased inherit?

Siblings of the deceased inherit if there are no first-order heirs, i.e. children or grandchildren of the deceased. These belong to the second order and only inherit if at least one parent has already died, otherwise the parents of the deceased inherit the estate.

Can half siblings inherit?

Half-siblings are on the same level as full siblings according to the legal order of succession. They both belong to the second order and inherit if neither children, grandchildren or at least one parent of the deceased is still alive.

Rejecting the inheritance – when debts are part of the estate

The inheritance can be disclaimed by any heir. This is particularly useful if debts or real estate in need of renovation are part of the estate. You can find out here which obligations must be complied with, how much it costs to disclaim an inheritance and how the liability of heirs can be limited.

The most important facts at a glance:

• The correct form is decisive in order to make the disclaimer of the inheritance legally effective.
• The content of the declaration must contain precise reasons for the renunciation of the inheritance
• Heirs are not informed of their role as heirs by the probate court unless there is an estate, or they succeed to the estate as heirs
• An over-indebted inheritance can lead to the financial ruin of the heir
• Renovable real estate can be part of the inheritance and lower the value of it
• The cost of eliminating an inheritance in the event of overindebtedness is very low
• An inheritance can only ever be accepted or disclaimed in full.
• Depending on the case, a subsequent disclaimer of the inheritance is possible
• However, the disclaimer of the inheritance can also be challenged retrospectively.

The shape – this is what you need to pay attention to

To disclaim the inheritance requires some rules. Simply notifying the family or simply having no reaction to the inheritance is not enough. The form is very crucial. The heir must make a disclaimer to the probate court either in the form of a transcript or in a publicly notarized form. However, a simple letter is not sufficient. A personal appearance before the probate court is also possible. There, the heir explains his or her request and a judicial officer records it in writing. The local court in whose district the deceased had his or her last residence is responsible.

However, not only the form is very decisive for the success of the disclaimer, but also the content and the deadline of the declaration. This must have clearly listed why the inheritance does not want to be accepted. The reasons should be clearly listed. These may include, for example, that the estate consists mainly of debts.

Inheritance: Accept or reject? – Tips from a lawyer

The six-week deadline – do not lose track of time

The declaration is subject to a so-called six-week period. If the inheritance does not wish to be accepted, the relevant declaration must be submitted to the competent probate court within six weeks, otherwise the inheritance is deemed to have been accepted.

Generally speaking, the probate court does not have a duty to bring. The heirs are only notified of the inheritance if there is a will or if they succeed to the inheritance because, for example, someone else has already disclaimed the inheritance. In all other cases, the heirs are assumed to know whether or not they inherit anything from a deceased family member.

Limit liability of heirs – protect private assets

In addition to the waiver of inheritance, it is also possible to limit the liability of heirs and thus protect private assets from being swallowed up by the debts of the estate. This can be enforced by limiting the liability of the heirs in the context of an insolvency of the estate. The heirs are then only liable for the debts of the deceased with the inherited assets. The private assets thus remain untouched if the estate is not sufficient to repay the debts.

The costs – disclaiming inheritance in the event of overindebtedness

If the inheritance is overindebted, the costs are very low. The fees for disclaiming the inheritance are a flat rate of 30 euros at the probate court. If an inheritance that is not overindebted is rejected, the costs are incurred in accordance with the Court and Notary Costs Act. The higher the value of the estate, the more expensive the proceedings will be.

An inheritance can only ever be disclaimed in full. Accepting the assets and disclaiming the debts is therefore not possible. If an inheritance is disclaimed, the compulsory portion to which each heir is normally entitled by law is no longer due to that heir. If the estate is disclaimed by all possible heirs, it becomes the property of the state. The latter uses the assets (if any) to pay off part of the debts. The creditors of the remaining debts are left empty-handed in such a case.

Contestation of the disclaimer – only possible in certain cases

If it subsequently transpires that securities or real estate belong to the estate of which you had no knowledge at the time of the disclaimer, a challenge is very much possible. The contestation must be declared in writing to the probate court within six weeks after the error has been recognised and must state the reasons for the contestation. However, if the inheritance was disclaimed due to over-indebtedness and it subsequently transpires that the estate does not contain as many debts as was assumed at the outset, the disclaimer cannot be contested.

Rejecting the inheritance after the event – contesting the acceptance of the inheritance

Once an inheritance has been accepted or the deadline has passed, there is usually no turning back. However, once again exceptions confirm the rule. In certain cases, it is possible to withdraw from the inheritance after the fact. If, for example, it comes to light after the acceptance of the inheritance that the estate contains a large loan from the deceased, of which you were unaware until then, the acceptance of the inheritance can be contested. However, as a prerequisite, you must have had full knowledge of the assets and debts of the estate. However, if the heir wants to contest the acceptances because the six-week period was not known or it was not clear when it starts, this is also possible with a good lawyer.

Read more about disclaiming an inheritance!

The most important questions about inheriting debts

Debts in the estate are often a shock and a new situation for the heirs. Many questions arise and remain unanswered. The experts at Lukinski therefore answer all questions on the subject of inheriting debts and disclaiming the inheritance so that you are accurately informed.

What happens to debts after death?

Upon the death of the testator, all property passes to the heirs. This includes assets as well as debts. The debts are therefore part of the inheritance.

Can you disclaim an inheritance if you have debts?

If debts are part of the estate, the heir must also be liable for them with his private assets. If the heir is himself indebted, he can disclaim the indebted inheritance within six weeks and thus does not have to be liable for the estate.

How long does it take to disclaim an inheritance?

The deadline for disclaiming the inheritance is six weeks after the heir has become aware of the inheritance. The processing of the disclaimer does not take long at the court.

What does it cost to disclaim an inheritance?

If an inheritance is overindebted, the inheritance disclaimer costs a flat rate of 30 euros. If the inheritance is disclaimed even though no debts are part of the inheritance, the amount varies depending on the amount of the estate.

Will I be notified when I inherit?

If no will has been drawn up and you inherit according to intestate succession, you will only be notified if you succeed to the inheritance. However, if you are the first-order heir, i.e. the child or spouse of the deceased, you will not be notified of the inheritance.