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Dokument BGB Book 4 Family Law
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180
=S=> BGB 1491. 1 A descendant entitled to a share may waive his share of the marital property . The waiver is made by declaration to the court with jurisdiction over the estate of the deceased spouse ; the declaration must be made in notarially certified form . The probate court should give notification of the declaration to the surviving spouse and the other descendants entitled to a share .
=S=> BGB 1491. 2 The waiver may also be made by contract with the surviving spouse and the other descendants entitled to a share . The contract must be notarially recorded .
=S=> BGB 1491. 3 If the descendant is under parental custody or under guardianship , the approval of the family court is necessary for the waiver . In the event of waiver by the custodian of the descendant , the approval of the custodianship court is necessary .
=S=> BGB 1491. 4 The waiver has the same effects as if the person waiving had died without descendants at the time of the waiver .