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BGB 83 If the endowment transaction is a testamentary disposition , the probate court must inform the competent public authority of this for the purpose of recognition , unless application is made by the heir or the executor . If the endowment transaction does not satisfy the requirements of section 81 ( 1 ) sentence 3 , the foundation shall be given a charter or additions shall be made to an incomplete charter by the competent public authority before recognition ; when this is done , the will of the founder is to be taken into account . The seat of a foundation , unless otherwise provided , is the place where the management is carried out . In case of doubt , the last residence of the founder within the country is deemed the seat .
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 .
BGB 1492. 1 The surviving spouse may terminate the continued community of property at any time . The termination 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 notify the descendants entitled to a share and , if the surviving spouse is the legal representative of one of the descendants , the family court of the declaration ; if custodianship exists , the approval of the custodianship court is necessary .
BGB 1507 The probate court , on application , must grant the surviving spouse a certificate confirming the continuation of the community of property . The provisions on the certificate of inheritance apply with the necessary modifications .