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Dokument	BGB Book 5 Law of Succession
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=U2= Sec1922 -- Section 1922 Universal succession

-- =S=> BGB 1922. 1 Upon the death of a person ( devolution of an inheritance ) , that person's property ( inheritance ) passes as a whole to one or more than one other persons ( heirs ) .
=S=> BGB 1922. 2 The share of a co-heir ( share of the inheritance ) is governed by the provisions relating to inheritance .

=U2= Sec1923 -- Section 1923 Capacity to inherit

-- =S=> BGB 1923. 1 Only a person who is alive at the time of the devolution of an inheritance may be an heir .
=S=> BGB 1923. 2 A person who is not yet alive at the time of the devolution of an inheritance , but has already been conceived , is deemed to have been born before the devolution of an inheritance .

=U2= Sec1924 -- Section 1924 Heirs on intestacy of the first degree

-- =S=> BGB 1924. 1 Heirs on intestacy of the first degree are the descendants of the deceased .
=S=> BGB 1924. 2 A descendant living at the time of the devolution of an inheritance excludes the descendants related to the deceased through himself from the succession .
=S=> BGB 1924. 3 If a descendant is no longer living at the time of the devolution of an inheritance , the descendants related to the deceased through him take his place ( succession per stirpes ) .
=S=> BGB 1924. 4 Children inherit in equal shares .

=U2= Sec1925 -- Section 1925 Heirs on intestacy of the second degree

-- =S=> BGB 1925. 1 Heirs on intestacy of the second degree are the parents of the deceased and their descendants .
=S=> BGB 1925. 2 If the parents are living at the time of the devolution of an inheritance , they inherit alone and in equal shares .
=S=> BGB 1925. 3 If at the time of the devolution of an inheritance the father or the mother is no longer living , the place of the deceased parent is taken by his descendants under the provisions governing succession by heirs of the first degree . If there are no descendants , the surviving parent inherits alone .
=S=> BGB 1925. 4 In the cases under section 1756 , the adopted child and the descendants of the natural parents or of the other parent of the child are not heirs of the second degree in relation to each other .

=U2= Sec1926 -- Section 1926 Heirs on intestacy of the third degree

-- =S=> BGB 1926. 1 Heirs on intestacy of the third degree are the grandparents of the deceased and their descendants .
=S=> BGB 1926. 2 If the grandparents are living at the time of the devolution of an inheritance , they inherit alone and in equal shares .
=S=> BGB 1926. 3 If the grandfather or the grandmother of one set of grandparents is no longer living at the time of the devolution of an inheritance , the place of the deceased grandparent is taken by his descendants . Where there are no descendants , the share of the deceased grandparent falls to the other grandparent and , if the other grandparent is no longer living , to the other grandparent's descendants .
=S=> BGB 1926. 4 If one set of grandparents are no longer living at the time of the devolution of an inheritance and there are no descendants of the deceased grandparents , the other grandparents or their descendants inherit alone .
=S=> BGB 1926. 5 To the extent that descendants take the place of their parents or more remote forebears , the provisions governing succession by heirs of the first degree apply .

=U2= Sec1927 -- Section 1927 More than one share of the inheritance in the case of multiple relationship

-- =S=> BGB 1927 If a person belongs to more than one stirps in the first , the second or the third degree , he receives the shares due to him in each of these stirpes . Each share is deemed to be a separate share of the inheritance .

=U2= Sec1928 -- Section 1928 Heirs on intestacy of the fourth degree

-- =S=> BGB 1928. 1 Heirs on intestacy of the fourth degree are the great-grandparents of the deceased and their descendants .
=S=> BGB 1928. 2 If great-grandparents are living at the time of the devolution of an inheritance , they inherit alone ; more than one inherit in equal shares , irrespective of whether they belong to the same line or different lines .
=S=> BGB 1928. 3 If great-grandparents are no longer living at the time of the devolution of an inheritance , the one of their descendants who is most closely related to the deceased by degree inherits ; more than one equally closely related descendant inherit in equal shares .

=U2= Sec1929 -- Section 1929 More distant degrees

-- =S=> BGB 1929. 1 Heirs on intestacy of the fifth degree and of the more distant degrees are the more distant forebears of the deceased and their descendants .
=S=> BGB 1929. 2 The provision of section 1928 ( 2 ) and ( 3 ) applies with the necessary modifications .

=U2= Sec1930 -- Section 1930 Priority of the degrees

-- =S=> BGB 1930 A relative is not entitled to inherit as long as a relative of a preceding degree survives .

=U2= Sec1931 -- Section 1931 Right of intestate succession of the spouse

-- =S=> BGB 1931. 1 The surviving spouse of the deceased as an heir on intestacy is entitled to one quarter of the inheritance together with relatives of the first degree , and to one half of the inheritance together with relatives of the second degree or together with grandparents . If there are both grandparents and descendants of grandparents living , the spouse also receives the share of the other half that under section 1926 would pass to the descendants .
=S=> BGB 1931. 2 If there are relatives neither of the first nor of the second degree nor grandparents living , the surviving spouse receives the whole inheritance .
=S=> BGB 1931. 3 The provision of section 1371 is unaffected .
=S=> BGB 1931. 4 If at the time of the devolution of the inheritance there was separation of property and if one or two children of the deceased are entitled as heirs on intestacy together with the surviving spouse , the surviving spouse and each child inherit in equal shares ; section 1924 ( 3 ) applies in this case too .

=U2= Sec1932 -- Section 1932 Preferential benefit of the spouse

-- =S=> BGB 1932. 1 If the surviving spouse is an heir on intestacy together with relatives of the second degree or together with grandparents , the spouse has a right , in addition to the shares of the inheritance , to the objects belonging to the marital household , to the extent that these are not accessories to a plot of land , and to the wedding presents , as a preferential benefit . If the surviving spouse is an heir on intestacy together with relatives of the first degree , the spouse has a right to these objects to the extent that he needs them to maintain a reasonable household .
=S=> BGB 1932. 2 The preferential benefit is governed by the provisions applying to legacies .

=U2= Sec1933 -- Section 1933 Exclusion of the right of succession of the spouse

-- =S=> BGB 1933 The right of succession of the surviving spouse and the right to the preferential benefit are excluded if at the time of the death of the deceased the requirements for the dissolution by divorce of the marriage were satisfied and the deceased had petitioned for or consented to the divorce . The same applies if the deceased was entitled to petition for the annulment of the marriage and had filed the petition . In these cases , the spouse is entitled to maintenance under sections 1569 to 1586b.

=U2= Sec1934 -- Section 1934 Right of succession of spouse who is a relative

-- =S=> BGB 1934 If the surviving spouse is one of the relatives entitled to inherit , he inherits at the same time as a relative . The share of the inheritance that passes to him by reason of the relationship is deemed to be a separate share of the inheritance .

=U2= Sec1935 -- Section 1935 Consequences of increase of share of the inheritance

-- =S=> BGB 1935 If an heir on intestacy ceases to be an heir before or after the devolution of an inheritance , and if as a result of this the share of the inheritance of another heir on intestacy is increased , the proportion by which the share of the inheritance increases is deemed to be a separate share of the inheritance with regard to the legacies and testamentary burdens to which this heir or the heir who has ceased to be an heir is subject , and with regard to the duty to adjust advancements .

=U2= Sec1936 -- Section 1936 Right of intestate succession of the treasury

-- =S=> BGB 1936. 1 If at the time of the devolution of the inheritance neither a relative , nor a civil partner , nor a spouse of the deceased is living , the treasury of the state [ Bundesstaat ] of which the deceased was a citizen at the time of his death is the heir on intestacy . If the deceased was a citizen of more than one state [ Bundesstaat ] , the treasury of each of these states [ Bundesstaat ] is entitled to inherit in equal shares .
=S=> BGB 1936. 2 If the deceased was a German who was not a citizen of any state [ Bundesstaat ] , the [ Reich ] treasury is the heir on intestacy .

=U2= Sec1937 -- Section 1937 Appointment of heir by testamentary disposition

-- =S=> BGB 1937 The deceased may appoint an heir by a unilateral disposition mortis causa ( will , testamentary disposition ) .

=U2= Sec1938 -- Section 1938 Disinheritance without appointment of an heir

-- =S=> BGB 1938 The deceased may by will exclude a relative , his spouse or his civil partner from intestate succession without appointing an heir .

=U2= Sec1939 -- Section 1939 Legacy

-- =S=> BGB 1939 The deceased may by will give a material benefit to another person without appointing the other person as heir ( legacy ) .

=U2= Sec1940 -- Section 1940 Testamentary burden

-- =S=> BGB 1940 The deceased may by will oblige his heir or a legatee to perform an act without giving another person a right to the performance ( testamentary burden ) .

=U2= Sec1941 -- Section 1941 Contract of inheritance

-- =S=> Division 2 Legal position of the heir

=U2= Tit1 -- Title 1 Acceptance and disclaimer of the inheritance ; supervision of the probate court

=U3= Sec1942 -- Section 1942 Devolution and disclaimer of the inheritance

=U3= Sec1943 -- Section 1943 Acceptance and disclaimer of the inheritance

=U3= Sec1944 -- Section 1944 Period for disclaimer

=U3= Sec1945 -- Section 1945 Form of disclaimer

=U3= Sec1946 -- Section 1946 Date for acceptance or disclaimer

=U3= Sec1947 -- Section 1947 Condition and stipulation as to time

=U3= Sec1948 -- Section 1948 More than one ground of entitlement

=U3= Sec1949 -- Section 1949 Mistake as to the ground of entitlement

=U3= Sec1950 -- Section 1950 Partial acceptance ; partial disclaimer

=U3= Sec1951 -- Section 1951 More than one share of the inheritance

=U3= Sec1952 -- Section 1952 Inheritability of the right of disclaimer

=U3= Sec1953 -- Section 1953 Effect of disclaimer

=U3= Sec1954 -- Section 1954 Period of avoidance

=U3= Sec1955 -- Section 1955 Form of avoidance

=U3= Sec1956 -- Section 1956 Avoidance of failure to disclaim in good time

=U3= Sec1957 -- Section 1957 Effect of avoidance

=U3= Sec1958 -- Section 1958 Judicial assertion of claims against the heir

=U3= Sec1959 -- Section 1959 Management before the disclaimer

=U3= Sec1960 -- Section 1960 Securing the estate ; curator of the estate

=U3= Sec1961 -- Section 1961 Curatorship of the estate on application

=U3= Sec1962 -- Section 1962 Jurisdiction of the probate court

=U3= Sec1963 -- Section 1963 Maintenance for the mother-to-be of an heir

=U3= Sec1964 -- Section 1964 Presumption that the treasury is heir

=U3= Sec1965 -- Section 1965 Public invitation to notify the rights of succession

=U3= Sec1966 -- Section 1966 Legal position of the treasury before determination

=U2= Tit2 -- Title 2 Liability of the heir for the obligations of the estate

=U3= UTit1 -- Subtitle 1 Obligations of the estate

=U3= UTit2 -- Subtitle 2 Public notice to the creditors of the estate

=U3= UTit3 -- Subtitle 3 Restriction of the liability of the heir

=U3= UTit4 -- Subtitle 4 Filing of an inventory , unlimited liability of the heir

=U3= UTit5 -- Subtitle 5 Suspensive defences

=U2= Tit3 -- Title 3 Claim to inheritance

=U3= Sec2018 -- Section 2018 Duty of surrender of the possessor of the inheritance

=U3= Sec2019 -- Section 2019 Direct substitution

=U3= Sec2020 -- Section 2020 Emoluments and fruits

=U3= Sec2021 -- Section 2021 Duty of surrender under principles of unjust enrichment

=U3= Sec2022 -- Section 2022 Reimbursement of outlays and expenses

=U3= Sec2023 -- Section 2023 Liability after litigation is pending and for emoluments and outlays

=U3= Sec2024 -- Section 2024 Liability with knowledge

=U3= Sec2025 -- Section 2025 Liability in the case of tort

=U3= Sec2026 -- Section 2026 No reliance on acquisition by prescription

=U3= Sec2027 -- Section 2027 Duty of information of the possessor of the inheritance

=U3= Sec2028 -- Section 2028 Duty of information of occupant of house

=U3= Sec2029 -- Section 2029 Liability in the case of individual claims by the heir

=U3= Sec2030 -- Section 2030 Legal position of the acquirer of the inheritance

=U3= Sec2031 -- Section 2031 Claim of person declared dead for surrender

=U2= Tit4 -- Title 4 More than one heir

=U3= UTit1 -- Subtitle 1 Legal relationship of the heirs between themselves

=U3= UTit2 -- Subtitle 2 Legal relationship between the heirs and the creditors of the estate

=U2= Tit1 -- Title 1 General provisions

=U3= Sec2064 -- Section 2064 Made in person

=U3= Sec2065 -- Section 2065 Determination by third parties

=U3= Sec2066 -- Section 2066 Heirs on intestacy of the testator

=U3= Sec2067 -- Section 2067 Relatives of the testator

=U3= Sec2068 -- Section 2068 Children of the testator

=U3= Sec2069 -- Section 2069 Descendants of the testator

=U3= Sec2070 -- Section 2070 Descendants of a third party

=U3= Sec2071 -- Section 2071 Group of persons

=U3= Sec2072 -- Section 2072 The poor

=U3= Sec2073 -- Section 2073 Ambiguous designation

=U3= Sec2074 -- Section 2074 Condition precedent

=U3= Sec2075 -- Section 2075 Condition subsequent

=U3= Sec2076 -- Section 2076 Condition for the benefit of a third party

=U3= Sec2077 -- Section 2077 Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement

=U3= Sec2078 -- Section 2078 Avoidance for mistake or duress

=U3= Sec2079 -- Section 2079 Avoidance for omission of a person entitled to a compulsory portion

=U3= Sec2080 -- Section 2080 Person entitled to avoid

=U3= Sec2081 -- Section 2081 Declaration of avoidance

=U3= Sec2082 -- Section 2082 Period of avoidance

=U3= Sec2083 -- Section 2083 Defence of voidability

=U3= Sec2084 -- Section 2084 Interpretation favouring effectiveness

=U3= Sec2085 -- Section 2085 Partial ineffectiveness

=U3= Sec2086 -- Section 2086 Reservation of right to make addition

=U2= Tit2 -- Title 2 Appointment of heirs

=U3= Sec2087 -- Section 2087 Gift of property , of fraction of property or of individual objects

=U3= Sec2088 -- Section 2088 Appointment to fractions

=U3= Sec2089 -- Section 2089 Increase of the fractions

=U3= Sec2090 -- Section 2090 Reduction of the fractions

=U3= Sec2091 -- Section 2091 Undetermined fractions

=U3= Sec2092 -- Section 2092 Partial appointment to fractions

=U3= Sec2093 -- Section 2093 Joint share of the inheritance

=U3= Sec2094 -- Section 2094 Accrual

=U3= Sec2095 -- Section 2095 Accrued share of the inheritance

=U3= Sec2096 -- Section 2096 Substitute heir

=U3= Sec2097 -- Section 2097 Rule of interpretation in the case of substitute heir

=U3= Sec2098 -- Section 2098 Mutual appointment as substitute heir

=U3= Sec2099 -- Section 2099 Substitute heir and accrual

=U2= Tit3 -- Title 3 Appointment of a subsequent heir

=U3= Sec2100 -- Section 2100 Subsequent heir

=U3= Sec2101 -- Section 2101 Subsequent heir not yet conceived

=U3= Sec2102 -- Section 2102 Subsequent heir and substitute heir

=U3= Sec2103 -- Section 2103 Order to surrender the inheritance

=U3= Sec2104 -- Section 2104 Heirs on intestacy as subsequent heirs

=U3= Sec2105 -- Section 2105 Heirs on intestacy as prior heirs

=U3= Sec2106 -- Section 2106 Occurrence of subsequent succession

=U3= Sec2107 -- Section 2107 Childless prior heir

=U3= Sec2108 -- Section 2108 Capacity to inherit ; inheritability of the subsequent succession

=U3= Sec2109 -- Section 2109 End of effectiveness of subsequent succession

=U3= Sec2110 -- Section 2110 Scope of the right of subsequent succession

=U3= Sec2111 -- Section 2111 Direct substitution

=U3= Sec2112 -- Section 2112 Right of disposal of the prior heir

=U3= Sec2113 -- Section 2113 Dispositions of plots of land , ships and ships under construction ; gifts

=U3= Sec2114 -- Section 2114 Dispositions of mortgage claims , land charges and annuity land charges

=U3= Sec2115 -- Section 2115 Dispositions in execution of judgment against prior heir

=U3= Sec2116 -- Section 2116 Deposit of securities

=U3= Sec2117 -- Section 2117 Change of registration ; conversion

=U3= Sec2118 -- Section 2118 Blocking note in debt ledger

=U3= Sec2119 -- Section 2119 Investment of money

=U3= Sec2120 -- Section 2120 Duty of subsequent heir to consent

=U3= Sec2121 -- Section 2121 List of objects of inheritance

=U3= Sec2122 -- Section 2122 Determination of the condition of the inheritance

=U3= Sec2123 -- Section 2123 Economic plan

=U3= Sec2124 -- Section 2124 Costs of maintenance

=U3= Sec2125 -- Section 2125 Outlays ; right to remove

=U3= Sec2126 -- Section 2126 Extraordinary burdens

=U3= Sec2127 -- Section 2127 Right to information of subsequent heir

=U3= Sec2128 -- Section 2128 Provision of security

=U3= Sec2129 -- Section 2129 Effect of deprivation of management

=U3= Sec2130 -- Section 2130 Duty to surrender after the occurrence of subsequent succession , duty to render account

=U3= Sec2131 -- Section 2131 Scope of duty of care

=U3= Sec2132 -- Section 2132 No liability for ordinary wear and tear

=U3= Sec2133 -- Section 2133 Improper or excessive taking of fruits

=U3= Sec2134 -- Section 2134 Own use

=U3= Sec2135 -- Section 2135 Lease and usufructuary lease in subsequent succession

=U3= Sec2136 -- Section 2136 Release of the prior heir

=U3= Sec2137 -- Section 2137 Rule of interpretation for the release

=U3= Sec2138 -- Section 2138 Restricted obligation to surrender

=U3= Sec2139 -- Section 2139 Effect of occurrence of subsequent succession

=U3= Sec2140 -- Section 2140 Dispositions of the prior heir after occurrence of subsequent succession

=U3= Sec2141 -- Section 2141 Maintenance for the mother-to-be of a subsequent heir

=U3= Sec2142 -- Section 2142 Disclaimer of subsequent succession

=U3= Sec2143 -- Section 2143 Restoration of extinguished legal relationships

=U3= Sec2144 -- Section 2144 Liability of the subsequent heir for the obligations of the estate

=U3= Sec2145 -- Section 2145 Liability of the prior heir for the obligations of the estate

=U3= Sec2146 -- Section 2146 Duty of prior heir to notify creditors of the estate

=U2= Tit4 -- Title 4 Legacies

=U3= Sec2147 -- Section 2147 Person charged with a legacy

=U3= Sec2148 -- Section 2148 More than one person charged with a legacy

=U3= Sec2149 -- Section 2149 Legacy for heirs on intestacy

=U3= Sec2150 -- Section 2150 Preferential legacy

=U3= Sec2151 -- Section 2151 Right to decide of the person charged or of a third person in the event of more than one person provided for

=U3= Sec2152 -- Section 2152 Choice of persons provided for

=U3= Sec2153 -- Section 2153 Determination of shares

=U3= Sec2154 -- Section 2154 Optional legacy

=U3= Sec2155 -- Section 2155 General legacy

=U3= Sec2156 -- Section 2156 Legacy for a special purpose

=U3= Sec2157 -- Section 2157 Joint legacy

=U3= Sec2158 -- Section 2158 Accrual

=U3= Sec2159 -- Section 2159 Independence of the accrual

=U3= Sec2160 -- Section 2160 Prior death of person provided for

=U3= Sec2161 -- Section 2161 Where the person charged does not inherit

=U3= Sec2162 -- Section 2162 Thirty-year period for a suspended legacy

=U3= Sec2163 -- Section 2163 Exceptions to the thirty-year period

=U3= Sec2164 -- Section 2164 Extension to accessories and claims to compensation

=U3= Sec2165 -- Section 2165 Charges

=U3= Sec2166 -- Section 2166 Charge with a mortgage

=U3= Sec2167 -- Section 2167 Charge with a blanket mortgage

=U3= Sec2168 -- Section 2168 Charge with a blanket land charge

=U3= Sec2168a -- Section 2168a Application to ships , ships under construction and ship mortgages

=U3= Sec2165 -- Section 2165 ( 2 ) and sections 2166 and 2167 apply with the necessary modifications to registered ships , ships under construction and to ship mortgages . Section 2169

=U3= Sec2170 -- Section 2170 Legacy to be procured

=U3= Sec2171 -- Section 2171 Impossibility , statutory prohibition

=U3= Sec2172 -- Section 2172 Combination , intermixture , mingling of the bequeathed thing

=U3= Sec2173 -- Section 2173 Claim as a legacy

=U3= Sec2174 -- Section 2174 Claim arising under a legacy

=U3= Sec2175 -- Section 2175 Restoration of extinguished legal relationships

=U3= Sec2176 -- Section 2176 Devolution of the legacy

=U3= Sec2177 -- Section 2177 Devolution in the event of a condition or a time limit

=U3= Sec2178 -- Section 2178 Devolution in the event of a person provided for not yet conceived or determined

=U3= Sec2179 -- Section 2179 Period of suspense

=U3= Sec2180 -- Section 2180 Acceptance and disclaimer

=U3= Sec2181 -- Section 2181 Discretionary due date

=U3= Sec2182 -- Section 2182 Warranty for legal defects

=U3= Sec2183 -- Section 2183 Warranty for material defects

=U3= Sec2184 -- Section 2184 Fruits and emoluments

=U3= Sec2185 -- Section 2185 Reimbursement of outlays and expenses

=U3= Sec2186 -- Section 2186 Due date of sublegacy or testamentary burden

=U3= Sec2187 -- Section 2187 Liability of the main legatee

=U3= Sec2188 -- Section 2188 Reduction of the charges

=U3= Sec2189 -- Section 2189 Directions concerning priority

=U3= Sec2190 -- Section 2190 Substitute legatee

=U3= Sec2191 -- Section 2191 Subsequent legatee

=U2= Tit5 -- Title 5 Testamentary burden

=U3= Sec2192 -- Section 2192 Applicable provisions

=U3= Sec2193 -- Section 2193 Appointment of the beneficiary , period for fulfilment

=U3= Sec2194 -- Section 2194 Claim for fulfilment

=U3= Sec2195 -- Section 2195 Relationship between testamentary burden and gift

=U3= Sec2196 -- Section 2196 Impossibility of fulfilment

=U2= Tit6 -- Title 6 Executor

=U3= Sec2197 -- Section 2197 Appointment of an executor

=U3= Sec2198 -- Section 2198 Determination of the executor by a third person

=U3= Sec2199 -- Section 2199 Appointment of co-executor or successor

=U3= Sec2200 -- Section 2200 Appointment by the probate court

=U3= Sec2201 -- Section 2201 Ineffectiveness of the appointment

=U3= Sec2202 -- Section 2202 Acceptance and refusal of office

=U3= Sec2203 -- Section 2203 Task of the executor

=U3= Sec2204 -- Section 2204 Partitioning of the estate between co-heirs

=U3= Sec2205 -- Section 2205 Administration of the estate , power of disposal

=U3= Sec2206 -- Section 2206 Incurring obligations

=U3= Sec2207 -- Section 2207 Extended authority

=U3= Sec2208 -- Section 2208 Limitation of the rights of the executor , execution by the heir

=U3= Sec2209 -- Section 2209 Permanent execution

=U3= Sec2210 -- Section 2210 Thirty-year period for permanent execution

=U3= Sec2211 -- Section 2211 Limitation on dispositions of the heir

=U3= Sec2212 -- Section 2212 Assertion in court of the rights subject to the execution of the will

=U3= Sec2213 -- Section 2213 Assertion in court of claims against the estate

=U3= Sec2214 -- Section 2214 Creditors of the heir

=U3= Sec2215 -- Section 2215 Inventory of the estate

=U3= Sec2216 -- Section 2216 Proper administration of the estate , compliance with directions

=U3= Sec2217 -- Section 2217 Transfer of objects of the estate

=U3= Sec2218 -- Section 2218 Legal relationship to the heir ; rendering of accounts

=U3= Sec2219 -- Section 2219 Liability of the executor

=U3= Sec2220 -- Section 2220 Mandatory law

=U3= Sec2221 -- Section 2221 Remuneration of the executor

=U3= Sec2222 -- Section 2222 Executor for the subsequent heir

=U3= Sec2223 -- Section 2223 Executor of a legacy

=U3= Sec2224 -- Section 2224 More than one executor

=U3= Sec2225 -- Section 2225 Expiry of the office of the executor

=U3= Sec2226 -- Section 2226 Notice of termination by the executor

=U3= Sec2227 -- Section 2227 Dismissal of the executor

=U3= Sec2228 -- Section 2228 Inspection of records

=U2= Tit7 -- Title 7 The making and revocation of a will

=U3= Sec2229 -- Section 2229 Testamentary capacity of minors , lack of testamentary capacity

=U3= Sec2230 -- Section 2230 repealed

=U3= Sec2231 -- Section 2231 Regular wills

=U3= Sec2232 -- Section 2232 Public will

=U3= Sec2233 -- Section 2233 Special cases

=U0= -- --

=U3= Sec2247 -- Section 2247 Holographic will

--
=U3= Sec2248 -- Section 2248 Custody of a holographic will
--
=U3= Sec2249 -- Section 2249 Emergency will made before the mayor
--
=U3= Sec2250 -- Section 2250 Emergency will before three witnesses
--
=U3= Sec2251 -- Section 2251 Emergency will made at sea
--
=U3= Sec2252 -- Section 2252 Period of validity of emergency wills
--
=U3= Sec2253 -- Section 2253 Revocation of the will
--
=U3= Sec2254 -- Section 2254 Revocation by will
--
=U3= Sec2255 -- Section 2255 Revocation by destruction or changes
--
=U3= Sec2256 -- Section 2256 Revocation by the withdrawal of the will from official custody
--
=U3= Sec2257 -- Section 2257 Revocation of the revocation
--
=U3= Sec2258 -- Section 2258 Revocation by a later will
--
=U3= Sec2258a -- Section 2258a repealed
--
=U3= Sec2258b -- Section 2258b repealed
--
=U3= Sec2259 -- Section 2259 Obligation to deliver
--
=U3= Sec2260 -- Section 2260 repealed
--
=U3= Sec2261 -- Section 2261 repealed
--
=U3= Sec2262 -- Section 2262 repealed
--
=U3= Sec2263 -- Section 2263 Voidness of a prohibition on opening the will
--
=U3= Sec2263a -- Section 2263a Opening period for wills
--
=U3= Sec2264 -- Section 2264 repealed
--
=U2= Tit8 -- Title 8 Joint will
--
=U3= Sec2265 -- Section 2265 Joint will made by spouses
--
=U3= Sec2266 -- Section 2266 Joint emergency will
--
=U3= Sec2267 -- Section 2267 Joint holographic will
--
=U3= Sec2268 -- Section 2268 Effect of nullity or dissolution of marriage
--
=U3= Sec2269 -- Section 2269 Reciprocal appointment
--
=U3= Sec2270 -- Section 2270 Reciprocal dispositions
--
=U3= Sec2271 -- Section 2271 Revocation of reciprocal dispositions
--
=U3= Sec2272 -- Section 2272 Withdrawal from official custody
--
=U3= Sec2273 -- Section 2273 repealed
--
=U2= Sec2274 -- Section 2274 Entering into contract in person
-- =S=> BGB 2274 The testator can enter into a contract of inheritance only in person .

=U2= Sec2275 -- Section 2275 Requirements
-- =S=> BGB 2275. 1 A person can only enter into a contract of inheritance as testator if he has unlimited capacity to contract .
=S=> BGB 2275. 2 A spouse may enter into a contract of inheritance , as testator , with his spouse , even if he has limited capacity to contract . In such a case , he requires the approval of his legal representative ; if the legal representative is a guardian , the ratification of the family court is also required .
=S=> BGB 2275. 3 The provisions of subsection ( 2 ) apply with the necessary modifications to engaged persons , including engaged persons in the meaning of the Civil Partnership Act [ Lebenspartnerschaftsgesetz ] .

=U2= Sec2276 -- Section 2276 Form
-- =S=> BGB 2276. 1 A contract of inheritance may be made only by being recorded by a notary in the simultaneous presence of both parties . The provisions of section 2231 no . 1 and sections 2232 and 2233 are applicable ; what applies for a testator under these provisions also applies to each of the parties to the contract .
=S=> BGB 2276. 2 For a contract of inheritance between spouses or between engaged persons that is joined with a marriage contract in the same document , the form prescribed for a contract of marriage suffices .

=U2= Sec2277 -- Section 2277 repealed
--
=U2= Sec2278 -- Section 2278 Permissible contractual dispositions
-- =S=> BGB 2278. 1 In a contract of inheritance , each of the parties to the contract may make contractual dispositions mortis causa .
=S=> BGB 2278. 2 Dispositions other than appointments of heirs , legacies and testamentary burdens may not be made contractually .

=U2= Sec2279 -- Section 2279 Contractual gifts and burdens , application of section 2077
-- =S=> BGB 2279. 1 Contractual gifts and contractual burdens are governed by the provisions applying to testamentary gifts and testamentary burdens with the necessary modifications .
=S=> BGB 2279. 2 The provision of section 2077 also applies to a contract of inheritance between spouses , civil partners or engaged persons ( including engaged persons in the meaning of the Civil Partnership Act [ Lebenspartnerschaftsgesetz ] ) to the extent that a third party is provided for .

=U2= Sec2280 -- Section 2280 Application of section 2269
-- =S=> BGB 2280 If spouses or civil partners have provided in a contract of inheritance by which they mutually appoint each other heirs that the estate of both is to pass to a third party after the death of the survivor , or have made a legacy that is to be performed after the death of the survivor , the provision under section 2269 applies with the necessary modifications .

=U2= Sec2281 -- Section 2281 Avoidance by the testator
-- =S=> BGB 2281. 1 A contract of inheritance may also be avoided by the testator on the basis of sections 2078 and 2079 ; for avoidance on the basis of section 2079 it is necessary that the person entitled to a compulsory share is alive at the time of the avoidance .
=S=> BGB 2281. 2 If , after the death of the other party to the contract , a disposition made in favour of a third party is to be avoided , the avoidance must be declared to the probate court . The probate court should communicate the declaration to the third party .

=U2= Sec2282 -- Section 2282 Representation , form of the avoidance
-- =S=> BGB 2282. 1 The avoidance may not be effected by an agent of the testator . If the testator has limited capacity to contract , he does not require the approval of his legal representative for avoidance .
=S=> BGB 2282. 2 If a testator is incapable of contracting , his legal representative may avoid a contract of inheritance for him ; if the testator is under parental custody or guardianship , the approval of the family court is necessary , if the legal representative is a custodian , that of the custodianship court .
=S=> BGB 2282. 3 A declaration of avoidance must be recorded by a notary .

=U2= Sec2283 -- Section 2283 Period of avoidance
-- =S=> BGB 2283. 1 Avoidance may be effected by a testator only within a period of one year .
=S=> BGB 2283. 2 In the case of avoidance for duress , the period begins on the date on which the position of constraint ceases , and in the other cases on the date on which the testator obtains knowledge of the ground for avoidance . The provisions of sections 206 and 210 , governing limitation , apply with the necessary modifications to the running of the period .
=S=> BGB 2283. 3 If , in the case set out in section 2282 ( 2 ) , the legal representative did not avoid the contract of inheritance in good time , the testator himself may , after his incapacity to contract has ceased , avoid his contract of inheritance in the same way as if he had been without a legal representative .

=U2= Sec2284 -- Section 2284 Confirmation
-- =S=> BGB 2284 The confirmation of a voidable contract of inheritance may be effected only by the testator personally . If the testator has limited capacity to contract , confirmation is excluded .

=U2= Sec2285 -- Section 2285 Avoidance by third parties
-- =S=> BGB 2285 The persons specified in section 2080 may no longer avoid a contract of inheritance on the basis of sections 2078 and 2079 if the right of avoidance of the testator is extinguished at the time of the devolution of the inheritance .

=U2= Sec2286 -- Section 2286 Dispositions inter vivos
-- =S=> BGB 2286 A contract of inheritance does not restrict the right of the testator to dispose of his property by transaction inter vivos .

=U2= Sec2287 -- Section 2287 Gifts adversely affecting the contractual heir
-- =S=> BGB 2287. 1 If the testator has made a gift with the intention of adversely affecting his contractual heir , the contractual heir may , after the inheritance has devolved upon him , demand from the receiver the return of the gift in accordance with the provisions relating to the return of unjust enrichment .
=S=> BGB 2287. 2 The claim becomes statute-barred three years after the devolution of the inheritance .

=U2= Sec2288 -- Section 2288 Prejudice to the legatee
-- =S=> BGB 2288. 1 If the testator has destroyed , removed or damaged the object of a contractual legacy with the intention of adversely affecting the person provided for , then , to the extent that the heir is thereby rendered incapable of performing the legacy , the value of the object replaces the object .
=S=> BGB 2288. 2 If the testator has disposed of or created a charge on the object with the intention of adversely affecting the person provided for , the heir is obliged to procure the object or to remove the charge for the person provided for ; the provision set out in section 2170 ( 2 ) applies with the necessary modifications to this obligation . If the disposal or charge is made by way of gift , the person provided for has , to the extent that he may not demand compensation from the heir , the claim specified in section 2287 against the receiver of the gift .

=U2= Sec2289 -- Section 2289 Effect of the contract of inheritance on testamentary dispositions ; application of section 2338
-- =S=> BGB 2289. 1 A prior testamentary disposition by the testator is cancelled by a contract of inheritance to the extent that it would adversely affect the right of a person provided for under the contract . A later disposition mortis causa is , notwithstanding the provision of section 2297 , ineffective to the same extent .
=S=> BGB 2289. 2 If the person provided for is a descendant of the testator who is entitled to a compulsory share , the testator may , by a later testamentary disposition , give the directions permitted by section 2338.
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=S=> BGB 2339. 1 A person is unworthy to inherit : if he has intentionally and unlawfully killed or attempted to kill the deceased , or has put him in a state as a result of which the deceased was incapable until his death of making or revoking a disposition mortis causa , if he has intentionally and unlawfully prevented the deceased from making or revoking a disposition mortis causa , if he has , by deceit or unlawfully by duress , induced the deceased to make or revoke a disposition mortis causa , if he is , in respect of a disposition mortis causa made by the deceased , guilty of a criminal offence under the provisions of sections 267 , 271 to 274 of the Criminal Code [ Strafgesetzbuch ] .
=S=> BGB 2368. 2 ( repealed )
=S=> BGB 2339. 2 In the cases set out in subsection ( 1 ) nos . 3 and 4 , unworthiness to inherit does not occur if , before the occurrence of the devolution of the inheritance , the disposition that the testator was induced to make or in respect of which the criminal offence was committed has become ineffective , or the disposition which he was induced to revoke would have become ineffective .
=S=> BGB 2368. 3 The provisions on a certificate of inheritance apply with the necessary modifications to this certificate ; upon the ending of the office of the testator the certificate becomes invalid .
=S=> BGB 2340. 1 Unworthiness to inherit is enforced by avoidance of the acquisition of the inheritance .
=S=> BGB 2369. 1 If an inheritance includes objects located outside the country , the application to issue a certificate of inheritance may be limited to the objects located within the country .
=S=> BGB 2340. 2 Avoidance is admissible only after the devolution of the inheritance . Avoidance may be effected as against a subsequent heir as soon as the inheritance has devolved upon the prior heir .
=S=> BGB 2369. 2 An object for which a German public authority keeps a ledger or register for the registration of any person entitled to the object is deemed to be located within the country . A claim is deemed to be located within the country if a German court is competent for the action .
=S=> BGB 2340. 3 Avoidance may be effected only within the periods specified in section 2082.
=S=> Division 9 Purchase of an inheritance
=S=> BGB 2341 Any person is entitled to avoid if he benefits from the cessation of entitlement of a person unworthy to inherit , even if this is only on the cessation of another person .
=S=> BGB 2371 A contract by which an heir sells the inheritance which has devolved upon him must be notarially recorded .
=S=> BGB 2342. 1 Avoidance is effected by bringing an action for avoidance . The action must be directed to having the heir declared unworthy to inherit .
=S=> BGB 2372 The advantages which ensue from the lapse of a legacy or a testamentary burden , or from the duty of a co-heir to adjust advancements , are owed to the purchaser .
=S=> BGB 2342. 2 The avoidance does not enter into effect until the judgment is final and absolute .
=S=> BGB 2373 A share of the inheritance that devolves upon the seller after the completion of the sale , by subsequent succession or as a result of a person ceasing to be a co-heir , and a preferential legacy given to the seller are , in case of doubt , not to be deemed included in the sale . The same applies to family papers and family pictures .
=S=> BGB 2343 Avoidance is excluded if the testator has forgiven the person unworthy to inherit .
=S=> BGB 2374 The seller is obliged to deliver to the purchaser the objects of the inheritance existing at the time of the sale , including what he acquired before the sale by reason of a right belonging to the inheritance or as compensation for the destruction , damage or deprivation of an object of the inheritance , or by a legal transaction that related to the inheritance .
=S=> BGB 2344. 1 If an heir is declared unworthy to inherit , the inheritance is deemed not to have devolved upon him .
=S=> BGB 2375. 1 If before the sale the seller consumed , gratuitously alienated or gratuitously encumbered an object of the inheritance , he is obliged to compensate the purchaser for the value of the object consumed or alienated , or , in the event of encumbrance , for any decrease in value . The duty to compensate does not arise if , at the time of the purchase , the purchaser knew of the consumption or gratuitous disposition .
=S=> BGB 2344. 2 The inheritance devolves upon the person who would be entitled to inherit if the person unworthy to inherit had not been living at the time of the devolution of the inheritance ; the devolution is deemed to have occurred upon the devolution of the inheritance .
=S=> BGB 2375. 2 Apart from this , the purchaser may not claim compensation for deterioration , destruction or impossibility of delivery of an object of the estate occurring for any other reason .
=S=> Division 7 Renunciation of inheritance
=S=> BGB 2376. 1 The obligation of the seller to grant a warranty for a legal defect is limited to the liability for his having a right of succession , for it not being limited by the right of a subsequent heir or by the appointment of an executor , for there being no legacies , testamentary burdens , compulsory share burdens , duties to adjust advancements or directions concerning the partitioning of the estate and for there being no unlimited liability towards all the creditors of the estate or individual creditors of the estate .
=S=> BGB 2346. 1 Relatives and the spouse of the testator may renounce their right of intestate succession by contract with the testator . The person renouncing is excluded from intestate succession as though he had no longer been alive at the time of the devolution of the inheritance ; he does not have a right to a compulsory share .
=S=> BGB 2376. 2 The seller is not responsible for material defects in a thing belonging to the inheritance .
=S=> BGB 2346. 2 The renunciation may be restricted to the right to a compulsory share .
=S=> BGB 2377 The legal relationships extinguished as a result of the devolution of an inheritance by the merger of a right with an obligation or of a right with a charge are , in the relationship between the purchaser and the seller , deemed not to have been extinguished . If necessary , such a legal relationship is to be reinstated .
=S=> BGB 2347. 1 If the person renouncing is under guardianship , the ratification of the family court is required for the renunciation of the inheritance ; if he is under parental custody , the same applies , unless the contract is entered into between spouses or engaged persons . The approval of the custodianship court is required for a renunciation by the custodian .
=S=> BGB 2378. 1 The purchaser is obliged in relation to the seller to perform the obligations of the estate , unless the seller is responsible under section 2376 for their not existing .
=S=> BGB 2347. 2 The testator may enter into the contract only in person ; if he has limited capacity to contract , he does not require the approval of his legal representative . If the testator is incapable of contracting , the contract may be entered into by the legal representative ; the ratification of the family court or custodianship court is required to the same extent as specified in subsection ( 1 ) .
=S=> BGB 2378. 2 If the seller performed an obligation of the estate before the sale , he may demand reimbursement from the purchaser .
=S=> BGB 2348 The contract on the renunciation of the inheritance must be notarially recorded .
=S=> BGB 2379 The emoluments for the period before the sale remain with the seller . He bears the charges for that period , including the interest on the obligations of the estate . However , all charges payable from the inheritance and all extraordinary charges that are to be regarded as imposed on the original value of the objects of the inheritance are borne by the purchaser .
=S=> BGB 2349 If a descendant or a collateral relative of the testator renounces his right of intestate succession , the effect of the renunciation extends to his descendants , unless otherwise provided .
=S=> BGB 2380 From the completion of the purchase on , the purchaser bears the risk of accidental destruction and of an accidental deterioration of the objects of the inheritance . From this date on , the emoluments are due to him and he bears the charges .
=S=> BGB 2350. 1 If a person renounces his right of intestate succession in favour of another , it is to be assumed , in case of doubt , that the renunciation is to take effect only in the event that the other becomes an heir .
=S=> BGB 2381. 1 The purchaser must reimburse to the seller the necessary outlays that the seller made on the inheritance before the sale .
=S=> BGB 2350. 2 If a descendant of the testator renounces his right of intestate succession , then it is to be assumed , in case of doubt , that the renunciation is to take effect only in favour of the other descendants and the spouse of the testator .
=S=> BGB 2381. 2 For other outlays incurred before the sale , the purchaser must effect reimbursement to the extent that the value of the inheritance is increased by them at the time of the sale .
=S=> BGB 2351 The provision of section 2348 and , in respect of the testator , also the provision of section 2347 ( 2 ) sentence 1 , first half-sentence and sentence 2 apply to a contract through which a renunciation of the inheritance is revoked .
=S=> BGB 2382. 1 From the completion of the purchase on , the purchaser is liable to the creditors of the estate , notwithstanding the continuation of the liability of the seller . This also applies to the obligations for whose performance the purchaser is not obliged in relation to the seller under sections 2378 and 2379.
=S=> Division 8 Certificate of inheritance
=S=> BGB 2382. 2 The liability of the purchaser in relation to the creditors may not be excluded or restricted by agreement between the purchaser and the seller .
=S=> BGB 2353 The probate court must issue to the heir on application a certificate concerning his right of succession , and , if he is entitled only to a share of the inheritance , concerning the size of his share ( certificate of inheritance ) .
=S=> BGB 2383. 1 The provisions concerning the limitation of the liability of an heir apply to the liability of the purchaser . He has unlimited liability to the extent that the seller , at the time of the sale , has unlimited liability . If the liability of the purchaser is restricted to the inheritance , his claims arising from the purchase are deemed to be part of the inheritance .
=S=> BGB 2354. 1 A person who , as an heir on intestacy , applies for the issue of a certificate of inheritance must state : the time of death of the deceased , the relationship on which his right of succession is based , whether and which persons exist or existed by whom he would be excluded from succession or his share of the inheritance would be reduced , whether and what dispositions mortis causa of the deceased exist , whether any legal dispute concerning his right of succession is pending .
=S=> BGB 2383. 2 The filing of the inventory by the seller or the purchaser also benefits the other party , unless the latter has unlimited liability .
=S=> BGB 2354. 2 If a person has ceased to be an heir who would exclude the applicant from succession or would diminish his share of the inheritance , the applicant must state the way in which that person has ceased to be an heir .
=S=> BGB 2384. 1 The seller is obliged to the creditors of the estate to notify the probate court of the sale of the inheritance and the name of the purchaser without undue delay . Notification by the purchaser replaces notification by the seller .
=S=> BGB 2355 A person who applies for the issue of a certificate of inheritance on the basis of a disposition mortis causa must specify the disposition upon which his right of succession is based , and must state whether and what other dispositions mortis causa of the testator exist , and must provide the information specified in sections 2354 ( 1 ) nos . 1 , 5 and ( 2 ) .
=S=> BGB 2384. 2 The probate court must allow any person who can credibly establish a legal interest to inspect the notification .
=S=> BGB 2356. 1 The applicant must prove the correctness of the information given in accordance with section 2354 ( 1 ) nos . 1 , 2 ( 2 ) by public documents , and in the case of section 2355 , must present the document on which his right of succession is based . Where the documents cannot be procured or can be procured only with disproportionate difficulty , it suffices if other proof is furnished .
=S=> BGB 2385. 1 The provisions on the purchase of an inheritance apply with the necessary modifications to the purchase of an inheritance acquired by the seller contractually , and to other contracts whose purpose is the alienation of an inheritance which has devolved on the alienor or which has been acquired by him in another way .
=S=> BGB 2356. 2 For proof that the testator at the time of his death was living in the matrimonial property regime of community of accrued gains , and in respect of the other information required under sections 2354 and 2355 , the applicant must declare in lieu of an oath before a court or notary that he is not aware of anything that negatives his statements . The probate court may dispense with the declaration if it regards it as unnecessary .
=S=> BGB 2385. 2 In the case of a donation , the giver is not obliged to compensate for any objects of the estate that were consumed or alienated gratuitously before the donation was made , nor for any charge upon such objects created gratuitously before the donation . The obligation specified in section 2376 concerning the warranty for legal defects does not affect the giver ; if the giver has fraudulently concealed a defect , he is obliged to compensate the receiver of the gift for the damage arising from it .
=S=> BGB 2356. 3 These provisions do not apply to the extent that the facts are obvious to the probate court .
=S=> BGB 2357. 1 If there is more than one heir , a joint certificate of inheritance is to be issued upon application . The application may be made by any of the heirs .
=S=> BGB 2357. 2 In the application , the heirs and their shares of the inheritance are to be stated .
=S=> BGB 2357. 3 If the application is not made by all the heirs , it must contain a statement that the other heirs have accepted the inheritance . The provisions of section 2356 apply also to the statements made by the applicant referring to the other heirs .
=S=> BGB 2357. 4 The declaration in lieu of an oath is to be made by all of the heirs , unless the probate court considers that a declaration by one or more of them is sufficient .
=S=> BGB 2358. 1 The probate court must , with the aid of the evidence furnished by the applicant , of its own motion make the investigations necessary to establish the facts , and must hear the evidence that appears suitable .
=S=> BGB 2358. 2 The probate court may issue a public request to be notified of the rights of succession of other persons ; the manner of publication and the length of the notification period are determined by the provisions governing the public notice procedure .
=S=> BGB 2359 The certificate of inheritance may be issued only if the probate court is of the opinion that the facts required to substantiate the application have been established .
=S=> BGB 2361. 1 If it transpires that a certificate of inheritance that has been issued is incorrect , the probate court must withdraw it . The certificate of inheritance becomes invalid upon its withdrawal .
=S=> BGB 2361. 2 If the certificate of inheritance cannot be recovered immediately , the probate court must make an order declaring it void . The order must be published in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] governing the public service of a summons . The declaration of invalidity enters into effect upon the expiry of one month after the last publication of the order in the official gazettes .
=S=> BGB 2361. 3 The probate court may , of its own motion , make investigations as to the correctness of a certificate of inheritance issued .
=S=> BGB 2362. 2 A person to whom an incorrect certificate of inheritance has been issued must provide the true heir with information concerning the condition of the inheritance and the location of the objects of the inheritance .
=S=> BGB 2363. 1 A certificate of inheritance issued to a prior heir is to state that subsequent succession has been directed , under what conditions it will take effect and who the subsequent heir is . If the testator has appointed the subsequent heir for the residue of the inheritance remaining at the time when subsequent succession takes effect , or if he has directed that the prior heir is to have free disposition of the inheritance , this is also to be stated .
=S=> BGB 2363. 2 The subsequent heir has the right specified in section 2362 ( 1 ) .
=S=> BGB 2364. 1 If the testator has appointed an executor , the appointment is to be stated in the certificate of inheritance .
=S=> BGB 2364. 2 The executor has the right specified in section 2362 ( 1 ) .
=S=> BGB 2365 It is presumed that the person who is named as heir in the certificate of inheritance has the right of succession stated in the certificate , and that he is not restricted by any directions other than those stated .
=S=> BGB 2366 If a person acquires from the person named in the certificate of inheritance as heir , by a legal transaction , an object of the inheritance , a right in such object , or a release from a right belonging to the inheritance , the contents of the certificate of inheritance are deemed in his favour to be correct as far as the presumption under section 2365 extends , unless he knows of the incorrectness or knows that the probate court has demanded the return of the certificate of inheritance for incorrectness .
=S=> BGB 2367 The provision of section 2366 applies with the necessary modifications if an act of performance has been effected to the person named as heir in the certificate of inheritance , on the basis of a right belonging to the inheritance , or if a legal transaction , containing a disposition of the right and not falling under the provision of section 2366 , has been entered into between him and another in respect of such a right .
=S=> BGB 2368. 1 Upon application , the probate court must issue to an executor a certificate of his appointment . If the executor is restricted in his administration of the estate , or if the testator has directed that the executor is not to be restricted in incurring obligations on behalf of the estate , this is to be stated in the certificate .

=U2= Sec2290 -- Section 2290 Cancellation by contract
-- =S=> BGB 2290. 1 A contract of inheritance or an individual contractual disposition may be cancelled by contract between the persons who entered into the contract of inheritance . Cancellation may no longer be effected after the death of either of these persons .
=S=> BGB 2290. 2 The testator may enter into the contract only personally . If he has limited capacity to contract , he does not require the approval of his legal representative .
=S=> BGB 2290. 3 If the other party is under guardianship , the approval of the family court is necessary . The same applies if he is subject to parental custody , unless the contract is entered into between spouses or between engaged persons , including engaged persons within the meaning of the Civil Partnership Act [ Lebenspartnerschaftsgesetz ] . If the cancellation falls under the area of responsibilities of a custodian , the approval of the custodianship court is necessary .
=S=> BGB 2290. 4 The contract must be in the form prescribed for the contract of inheritance in section 2276.

=U2= Sec2291 -- Section 2291 Cancellation by will
-- =S=> BGB 2291. 1 A contractual disposition by which a legacy or a testamentary burden is directed may be cancelled by the testator by will . For the effectiveness of the cancellation , the approval of the other party to the contract is necessary ; the provision of section 2290 ( 3 ) applies .
=S=> BGB 2291. 2 The declaration of approval must be notarially recorded ; the approval is irrevocable .

=U2= Sec2292 -- Section 2292 Cancellation by joint will
-- =S=> BGB 2292 A contract of inheritance entered into between spouses or civil partners may also be cancelled by a joint will of the spouses or of the civil partners ; the provision of section 2290 ( 3 ) applies .

=U2= Sec2293 -- Section 2293 Withdrawal in the event of reservation
-- =S=> BGB 2293 The testator may withdraw from his contract of inheritance if he has reserved the right to do so in the contract .

=U2= Sec2294 -- Section 2294 Withdrawal in the event of the misconduct of the person provided for
-- =S=> BGB 2294 The testator may withdraw from a contractual disposition where the person provided for is at fault for misconduct that entitles the testator to deprive him of his compulsory share , or , where the person provided for is not one of those entitled to a compulsory share , would entitle the testator to deprive the person provided for of his compulsory share if he were a descendant of the testator .

=U2= Sec2295 -- Section 2295 Withdrawal in the event of the extinction of a mutual obligation
-- =S=> BGB 2295 The testator may withdraw from a contractual disposition , if the disposition is made in consideration of a contractual obligation of the person provided for to make periodic payments to the testator during the lifetime of the latter , in particular to provide support , and the obligation is cancelled before the death of the testator .

=U2= Sec2296 -- Section 2296 Representation , form of withdrawal
-- =S=> BGB 2296. 1 The withdrawal may not be made by means of an agent . If the testator has limited capacity to contract , he does not require the approval of his legal representative .
=S=> BGB 2296. 2 The withdrawal is effected by declaration to the other party to the contract . The declaration requires notarial recording .

=U2= Sec2297 -- Section 2297 Withdrawal by will
-- =S=> BGB 2297 To the extent that the testator is entitled to withdraw , he may cancel the contractual disposition by will after the death of the other party to the contract . In the cases set out in section 2294 , the provision of section 2336 ( 2 ) to ( 4 ) applies with the necessary modifications .

=U2= Sec2298 -- Section 2298 Mutual contract of inheritance
-- =S=> BGB 2298. 1 If both parties have made contractual dispositions in a contract of inheritance , the voidness of one of these dispositions results in the ineffectiveness of the whole contract .
=S=> BGB 2298. 2 If withdrawal is reserved in such a contract , the whole contract is cancelled by the withdrawal of one of the parties to the contract . The right of withdrawal expires on the death of the other party to the contract . The surviving party may , however , if he disclaims the gift made to him by the contract , revoke his disposition by will .
=S=> BGB 2298. 3 The provisions of subsection ( 1 ) and subsection ( 2 ) sentences 1 and 2 are not applicable if it is to be assumed that the parties intended otherwise .

=U2= Sec2299 -- Section 2299 Unilateral dispositions
-- =S=> BGB 2299. 1 Either of the parties to the contract may , in the contract of inheritance , unilaterally make any disposition that may be made by will .
=S=> BGB 2299. 2 For a disposition of this kind the same applies as if it had been made by will . The disposition may also be cancelled in a contract by which a contractual disposition is cancelled .
=S=> BGB 2299. 3 If the contract of inheritance is cancelled by the exercise of the right of withdrawal or by contract , the disposition ceases to be effective , unless it is to be assumed that the testator intended otherwise .

=U2= Sec2300 -- Section 2300 Application of sections 2259 and 2263 ; removal from official or notarial custody
-- =S=> BGB 2300. 1 Sections 2259 and 2263 apply with the necessary modifications to a contract of inheritance .
=S=> BGB 2300. 2 A contract of inheritance which contains only dispositions mortis causa may be withdrawn from official or notarial custody and returned to the parties to the contract . The return may only be made to all of the parties to the contract jointly ; the provision of section 2290 ( 1 ) sentence 2 , ( 2 ) and ( 3 ) applies . If a contract of inheritance is withdrawn in accordance with sentences 1 and 2 , section 2256 ( 1 ) applies with the necessary modifications .

=U2= Sec2300a -- Section 2300a Opening period
-- =S=> BGB 2300a If a contract of inheritance has been in official custody for more than fifty years , section 2263a applies with the necessary modifications .

=U2= Sec2301 -- Section 2301 Promise of donation mortis causa
-- =S=> BGB 2301. 1 A promise of a donation made subject to the condition that the donee survives the donor is governed by the provisions concerning dispositions mortis causa . The same applies to a promise to fulfil an obligation or an acknowledgement of debt of the kind described in sections 780 and 781 , made by way of donation subject to this condition .
=S=> BGB 2301. 2 If the donor executes the donation by delivery of the object given , the provisions concerning gifts inter vivos apply .

=U2= Sec2302 -- Section 2302 Unlimited testamentary freedom
-- =S=> Division 5 Compulsory share

=U2= Sec2303 -- Section 2303 Person entitled to a compulsory share of the estate ; amount of the share
-- =S=> BGB 2303. 1 If a descendant of the testator is excluded by disposition mortis causa from succession , he may demand his compulsory share from the heir . The compulsory share is one-half of the value of the share of the inheritance on intestacy .
=S=> BGB 2303. 2 The parents and spouse of the testator have the same right if they have been excluded from succession by disposition mortis causa . The provision of section 1371 remains unaffected .

=U2= Sec2304 -- Section 2304 Rules of interpretation
-- =S=> BGB 2304 In case of doubt , the giving of a compulsory share is not to be considered as the appointment of an heir .

=U2= Sec2305 -- Section 2305 Additional compulsory share
-- =S=> BGB 2305 If a person entitled to a compulsory share is left a share of the inheritance which is less than one-half of the share of the inheritance on intestacy , the person entitled to a compulsory share may claim from the co-heirs as his compulsory share the amount by which his share is less than one-half .

=U2= Sec2306 -- Section 2306 Limitations and charges
-- =S=> BGB 2306. 1 Where a person entitled to inherit a compulsory share who becomes an heir has been limited by the designation of a subsequent heir , the appointment of an executor , or a direction concerning the partitioning of the estate , or where he has been charged with a legacy or a testamentary burden , the limitation or charge is deemed not to have been directed if the share of the inheritance left to him does not exceed one-half of his share of the inheritance on intestacy . Where the share of the inheritance left to him is greater , he may claim his compulsory share if he disclaims his share of the inheritance ; the period for filing a disclaimer does not commence until after the person entitled to a compulsory share has obtained knowledge of the limitation or charge . BGB 2306. 2 If the person entitled to a compulsory share has been appointed a subsequent heir , this is equivalent to a limitation of the appointment of an heir .

=U2= Sec2307 -- Section 2307 Bequest of a legacy
-- =S=> BGB 2307. 1 Where a legacy has been bequeathed to a person entitled to a compulsory share , he may claim his compulsory share if he disclaims the legacy . If he does not disclaim it , he is not entitled to the compulsory share up to the value of the legacy ; when the value is calculated , limitations and charges of the kind stated in section 2306 are not taken into consideration .
=S=> BGB 2307. 2 The heir who is charged with the legacy may specify a reasonable period for the person entitled to a compulsory share to declare whether or not he will accept the legacy . Upon the expiry of the period the legacy is deemed to have been disclaimed unless acceptance is declared before this time .

=U2= Sec2308 -- Section 2308 Avoidance of the disclaimer
-- =S=> BGB 2308. 1 Where a person entitled to a compulsory share , who as an heir or a legatee is limited or charged in the manner stated in section 2306 , has disclaimed the inheritance or legacy , he may avoid the disclaimer if the limitation or charge had ceased by the time of the disclaimer and this cessation was unknown to him .
=S=> BGB 2308. 2 The avoidance of the disclaimer of a legacy is governed by the provisions governing the avoidance of an inheritance , with the necessary modifications . Avoidance is effected by declaration to the person charged .

=U2= Sec2309 -- Section 2309 Right of parents and remoter descendants to a compulsory share
-- =S=> BGB 2309 Remoter descendants and the parents of the testator are not entitled to compulsory shares to the extent that a descendant who would exclude them in the event of intestate succession is entitled to demand a compulsory share or accepts the property left to him .

=U2= Sec2310 -- Section 2310 Determination of the share of the inheritance for the calculation of the compulsory share
-- =S=> BGB 2310 In the determination of the share of the inheritance that is relevant for calculating the value of a compulsory share , the calculation is to include those persons who are excluded from succession by testamentary disposition or have disclaimed the inheritance or have been declared unworthy to inherit . A person who is excluded from intestate succession by renunciation of the inheritance is not included in the calculation .

=U2= Sec2311 -- Section 2311 Value of the estate
-- =S=> BGB 2311. 1 The calculation of the compulsory share is based on the condition and value of the estate at the time of the devolution of the inheritance . In the calculation of the compulsory share of a descendant and the parents of the testator , the preferential benefit of the surviving spouse is not taken into account .
=S=> BGB 2311. 2 The value is to be determined , to the extent necessary , by estimate . A valuation made by the testator is not authoritative .

=U2= Sec2312 -- Section 2312 Value of a farm
-- =S=> BGB 2312. 1 Where the testator has directed , or where it is to be assumed in accordance with section 2049 , that one out of more than one heirs should have the right to take over a farm forming part of the estate at its income value , then if this right is exercised the income value is also authoritative in the calculation of the compulsory share . Where the testator has fixed a different price for taking over the farm , this is authoritative if it is no less than the income value and no more than the estimated value .
=S=> BGB 2312. 2 If the testator has only one heir , he may direct that the calculation of the compulsory share should be based on the income value or another value determined as specified in subsection ( 1 ) sentence 2.
=S=> BGB 2312. 3 These provisions apply only if the heir who acquires the farm is one of the persons entitled to compulsory shares designated in section 2303.

=U2= Sec2313 -- Section 2313 Taking account of conditional , uncertain or unsecured rights ; duty of determination of the heir
-- =S=> BGB 2313. 1 In the determination of the value of the estate , rights and obligations that are subject to a condition precedent are not taken into account . Rights and obligations that are subject to a condition subsequent are taken into account as unconditional . If the condition is fulfilled , a reasonable adjustment must be made to cater for the change in the legal situation .
=S=> BGB 2313. 2 For uncertain or unsecured rights and for doubtful obligations , the same applies as for rights and obligations that are subject to a condition precedent . The heir is obliged in relation to the person entitled to a compulsory share to ascertain an uncertain right and to pursue an unsecured right to the extent that this is compatible with orderly administration .

=U2= Sec2314 -- Section 2314 Duty of the heir to provide information
-- =S=> BGB 2314. 1 If the person entitled to a compulsory share is not an heir , the heir must give him , on demand , information on the condition of the estate . The person entitled to a compulsory share may demand that he be called to participate in the drawing up of the inventory of the objects of the estate , in accordance with section 260 , and that the value of the objects of the estate is determined . He may also demand that the inventory is drawn up by the competent public authority , or by a competent official or notary .
=S=> BGB 2314. 2 The costs are charged to the estate .

=U2= Sec2315 -- Section 2315 Counting gifts towards the compulsory share
-- =S=> BGB 2315. 1 The person entitled to a compulsory share must allow to be deducted from his compulsory share anything given to him as a gift by the testator by a legal transaction inter vivos with the provision that it should be deducted from his compulsory share .
=S=> BGB 2315. 2 The value of the gift is added to the estate when determining the compulsory share . The value is determined on the basis of the date on which the gift was given .
=S=> BGB 2315. 3 If the person entitled to a compulsory share is a descendant of the testator , the provision of section 2051 ( 1 ) applies with the necessary modifications .

=U2= Sec2316 -- Section 2316 Duty to adjust advancements
-- =S=> BGB 2316. 1 If there is more than one descendant and , in the event of intestate succession , a gift by the testator or payments of the kind specified in section 2057a would be adjusted among them , the compulsory share of each descendant is determined by what would accrue to the share of the inheritance on intestacy , taking into consideration the duties to adjust advancements on the partitioning of the estate . A descendent who has been excluded from intestate succession by renunciation of the inheritance is not included in the calculation .
=S=> BGB 2316. 2 If the person entitled to a compulsory share is an heir , and if the compulsory share under subsection ( 1 ) has a greater value than the share of the inheritance left to him , he may demand from the co-heirs the additional amount as his compulsory share , even if the share of the inheritance left to him is equal to or exceeds one-half of his share of the inheritance on intestacy .
=S=> BGB 2316. 3 The testator may not to the disadvantage of a person entitled to a compulsory share exclude any gift of the kind specified in section 2050 ( 1 ) from being taken into account .
=S=> BGB 2316. 4 If any gift to be taken into account under subsection ( 1 ) is at the same time to be deducted from the compulsory share in accordance with section 2315 , it is to be counted at one-half of its value .

=U2= Sec2317 -- Section 2317 Creation and transferability of the claim to a compulsory share
-- =S=> BGB 2317. 1 The claim to a compulsory share is created upon the devolution of the inheritance .
=S=> BGB 2317. 2 The claim is inheritable and transferable .

=U2= Sec2318 -- Section 2318 Burden of the compulsory share in the case of legacies and testamentary burdens
-- =S=> BGB 2318. 1 The heir may refuse the performance of a legacy with which he is charged to the extent that the burden of the compulsory share is borne proportionately by him and the legatee . The same applies to a testamentary burden .
=S=> BGB 2318. 2 This reduction is permissible in relation to a legatee who is entitled to a compulsory share only to the extent that his compulsory share remains with him .
=S=> BGB 2318. 3 If the heir is himself a person entitled to a compulsory share , he may , on account of his compulsory share burden , reduce the legacy and the testamentary burden to the extent that he retains his own compulsory share .

=U2= Sec2319 -- Section 2319 Person entitled to a compulsory share as co-heir
-- =S=> BGB 2319 If one of more than one heirs is himself a person entitled to a compulsory share , he may , after the partitioning of the estate , refuse to satisfy another person entitled to a compulsory share to the extent that he retains his own compulsory share . The other heirs are liable for the shortfall .

=U2= Sec2320 -- Section 2320 Compulsory share burden on the heir taking the place of the person entitled to a compulsory share
-- =S=> BGB 2320. 1 A person who becomes heir on intestacy in the place of a person entitled to a compulsory share must , in relation to co-heirs , bear the burden of the compulsory share , and must , if the person entitled to a compulsory share accepts a legacy given to him , bear the burden of the legacy in the amount of the benefit received .
=S=> BGB 2320. 2 In case of doubt , the same applies to a person to whom the testator has , by disposition mortis causa , given the share of the inheritance of the person entitled to a compulsory share .

=U2= Sec2321 -- Section 2321 Compulsory share burden in the event of a disclaimer of a legacy
-- =S=> BGB 2321 If a person entitled to a compulsory share disclaims a legacy given to him , the person who benefits from the disclaimer must , in the proportion of the heirs and the legatees to each other , bear the burden of the compulsory share in the amount of the benefit received .

=U2= Sec2322 -- Section 2322 Reduction of legacies and testamentary burdens
-- =S=> BGB 2322 If an inheritance or a legacy disclaimed by a person entitled to a compulsory share has been charged with a legacy or a testamentary burden , the person who benefits from the disclaimer may reduce the legacy or the testamentary burden to the extent that he retains the amount required for the payment of the burden of the compulsory share .

=U2= Sec2323 -- Section 2323 Heir not charged with a compulsory share
-- =S=> BGB 2323 The heir is prohibited from performing a legacy or a testamentary burden under section 2318 ( 1 ) to the extent that he is not required to bear the compulsory share burden in accordance with sections 2320 to 2322.

=U2= Sec2324 -- Section 2324 Deviating directions by the testator concerning the compulsory share burden
-- =S=> BGB 2324 The testator may , by disposition mortis causa , impose the compulsory share burden , in the proportion of the heirs to each other , on one or more heirs , and may give directions deviating from the provisions of section 2318 ( 1 ) and sections 2320 to 2323.

=U2= Sec2325 -- Section 2325 Claim for the augmentation of compulsory shares in the event of gifts
-- =S=> BGB 2325. 1 Where the testator made a gift to a third party , a person entitled to a compulsory share may claim , as an augmentation of his compulsory share , the amount by which the compulsory share is increased if the object given is added to the estate .
=S=> BGB 2325. 2 A consumable thing is assessed at the value that it had at the time of the donation . Any other object is assessed at the value which it had at the time of the devolution of the inheritance ; if its value was lower at the time of the donation , then only this value is taken into account .
=S=> BGB 2325. 3 The gift is not taken into account if , at the time of the devolution of the inheritance , ten years have passed since the donated objected was given ; where the gift was made to the spouse of the testator , the period does not commence until the dissolution of the marriage .

=U2= Sec2326 -- Section 2326 Augmentation to more than half of the share of the inheritance on intestacy
-- =S=> BGB 2326 The person entitled to a compulsory share may claim the augmentation of his compulsory share even if one half of his share of the inheritance on intestacy has been left to him . If more than one-half has been left to him , such claim is excluded to the extent that he has been left more .

=U2= Sec2327 -- Section 2327 Receipt of gift by a person entitled to a compulsory share
-- =S=> BGB 2327. 1 If a person entitled to a compulsory share has himself received a gift from the testator , the gift is to be added to the estate in the same way as a gift given to a third party , and at the same time is to be counted towards the augmentation granted to the person entitled to a compulsory share . The value of a gift to be taken into account in accordance with section 2315 is to be counted towards the total value of the compulsory share and the augmentation .
=S=> BGB 2327. 2 If the person entitled to a compulsory share is a descendant of the testator , the provision of section 2051 ( 1 ) applies with the necessary modifications .

=U2= Sec2328 -- Section 2328 Heir himself as person entitled to a compulsory share
-- =S=> BGB 2328 If an heir is entitled to a compulsory share himself , he may refuse the augmentation of his compulsory share to the extent that he would retain his own compulsory share , including what would be due to him as an augmentation of his own compulsory share .

=U2= Sec2329 -- Section 2329 Claim against the receiver of a gift
-- =S=> BGB 2329. 1 To the extent that an heir is not obliged to augment a compulsory share , the person entitled to a compulsory share may , in accordance with the provisions concerning the return of unjust enrichment , demand from the receiver of a gift that he return it for the purpose of making up the shortfall . If the person entitled to a compulsory share is the sole heir , he has the same right .
=S=> BGB 2329. 2 The receiver may avoid the return of the gift through the payment of the shortfall .
=S=> BGB 2329. 3 Among more than one receiver of gifts , a prior receiver is liable only to the extent that a subsequent receiver is not obliged .

=U2= Sec2330 -- Section 2330 Gift arising from a moral duty
-- =S=> BGB 2330 The provisions of sections 2325 to 2329 do not apply to gifts made to satisfy a moral duty or to give consideration to common decency .

=U2= Sec2331 -- Section 2331 Gifts made from marital property
-- =S=> BGB 2331. 1 Half of a gift made from marital property under the community of property regime is deemed to have been made by each of the spouses . If , however , the gift was made to a descendant of only one of the spouses , or to a person of whom only one of the spouses is a descendant , or if one of the spouses has to make compensation to the marital property for the value of the gift , it is deemed to have been made by this spouse alone .
=S=> BGB 2331. 2 These provisions apply with the necessary modifications to a gift made from marital property under continued community of property .

=U2= Sec2331a -- Section 2331a Additional time
-- =S=> BGB 2331a. 2 The probate court has jurisdiction over the decision on the claim for additional time , if it is not contested . Section 1382 ( 2 ) to ( 6 ) applies with the necessary modifications ; the probate court takes the place of the family court .

=U2= Sec2332 -- Section 2332 Limitation
-- =S=> BGB 2332. 1 The claim to a compulsory share becomes statute-barred three years after the time when the person entitled to a compulsory share obtains knowledge of the occurrence of the devolution of the inheritance and of a disposition which adversely affects him , or irrespective of such knowledge , thirty years after the occurrence of the devolution of the inheritance .
=S=> BGB 2332. 2 Any claim that a person entitled to a compulsory share has against a receiver of a gift under section 2329 becomes statute-barred three years after the occurrence of the devolution of the inheritance .
=S=> BGB 2332. 3 The limitation is not suspended by the fact that these claims may be asserted only after the disclaimer of the inheritance or legacy .

=U2= Sec2333 -- Section 2333 Deprivation of a descendant's compulsory share
-- =S=> BGB 2333 A testator may deprive a descendant of his compulsory share : if the descendant makes an attempt on the life of the testator , his spouse , or another descendant of the testator , if the descendant is guilty of the intentional physical maltreatment of the testator or the spouse of the testator , but in the event of the maltreatment of the spouse only if the descendant is a descendant of this spouse , if the descendant is guilty of a major offence or of a serious intentional minor offence against the testator or his spouse , if the descendant wilfully violates the statutory obligation to the testator incumbent upon him to maintain the testator , if the descendant leads a disreputable or immoral life contrary to the wishes of the testator .

=U2= Sec2334 -- Section 2334 Deprivation of a the compulsory share of a parent
-- =S=> BGB 2334 The testator may deprive his father of his compulsory share if the latter is guilty of one of the examples of misconduct set out in section 2333 nos . 1 , 3 and 4. The testator has the same right against his mother if she is guilty of any such misconduct .

=U2= Sec2335 -- Section 2335 Deprivation of the compulsory share of a spouse
-- =S=> BGB 2335 The testator may deprive his spouse of the compulsory share : if the spouse makes an attempt on the life of the testator or of a descendant of the testator , if the spouse is guilty of the intentional physical maltreatment of the testator , if the spouse is guilty of a major offence or an intentional minor offence against the testator , if the spouse wilfully violates the statutory obligation to the testator incumbent upon him to maintain the testator .

=U2= Sec2336 -- Section 2336 Form , burden of proof and ineffectiveness of deprivation
-- =S=> BGB 2336. 1 The deprivation of the right to a compulsory share is effected by testamentary disposition .
=S=> BGB 2336. 2 The reason for the deprivation must exist at the time when the disposition is made and must be stated in the disposition .
=S=> BGB 2336. 3 The burden of proving the reason lies on the person who asserts the deprivation .
=S=> BGB 2336. 4 In the case set out in section 2333 no . 5 , the deprivation is ineffective if the descendant , at the time of the devolution of the inheritance , has permanently ceased to lead a disreputable or immoral life .

=U2= Sec2337 -- Section 2337 Forgiveness
-- =S=> BGB 2337 The right to deprive a person of his compulsory share expires as a result of forgiveness . A disposition by which the testator has directed the deprivation becomes ineffective as a result of forgiveness .

=U2= Sec2338 -- Section 2338 Limitation of the compulsory share
-- =S=> Division 6 Unworthiness to inherit

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