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=U3= Sec1942 -- Section 1942 Devolution and disclaimer of the inheritance
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=S=> BGB 1942. 1 The inheritance passes to the entitled heir irrespective of the right to disclaim it ( devolution of the inheritance ) .
=S=> BGB 1942. 2 The treasury may not disclaim the inheritance that devolves on it as the heir on intestacy .
=U3= Sec1943 -- Section 1943 Acceptance and disclaimer of the inheritance
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=S=> BGB 1943 The heir may no longer disclaim the inheritance if he has accepted it or if the period laid down for disclaimer has passed ; on the expiry of the period , the inheritance is deemed to have been accepted .
=U3= Sec1944 -- Section 1944 Period for disclaimer
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=S=> BGB 1944. 1 Disclaimer may be made only within six weeks .
=S=> BGB 1944. 2 The period begins on the date on which the heir obtains knowledge of the devolution and of the reason for his entitlement . If the heir is entitled by a disposition mortis causa , the period does not begin before the notification of the disposition mortis causa by the probate court . The provisions of sections 206 and 210 , governing limitation , apply with the necessary modifications to the running of the period .
=S=> BGB 1944. 3 The period is six months if the deceased had his last residence only abroad or if the heir is resident abroad at the beginning of the period .
=U3= Sec1945 -- Section 1945 Form of disclaimer
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=S=> BGB 1945. 1 The disclaimer is made by a declaration to the probate court ; the declaration must be made in the presence of and recorded by the probate court or in notarially certified form .
=S=> BGB 1945. 2 The record of the probate court is made under the provisions of the Notarial Recording Act [ Beurkundungsgesetz ] .
=S=> BGB 1945. 3 An authorised representative must have a notarially certified power of attorney . The power of attorney must be enclosed with the declaration or submitted later within the disclaimer period .
=U3= Sec1946 -- Section 1946 Date for acceptance or disclaimer
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=S=> BGB 1946 The heir may accept or disclaim the inheritance as soon as the devolution of the inheritance has occurred .
=U3= Sec1947 -- Section 1947 Condition and stipulation as to time
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=S=> BGB 1947 The acceptance and the disclaimer may not be made subject to a condition or a stipulation as to time .
=U3= Sec1948 -- Section 1948 More than one ground of entitlement
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=S=> BGB 1948. 1 A person who is entitled to inherit by disposition mortis causa may , if he would be entitled as an heir on intestacy without the disposition , disclaim the inheritance as an appointed heir and accept it as an heir on intestacy .
=S=> BGB 1948. 2 A person who is entitled as heir by will and by contract of inheritance may accept the inheritance by reason of the one ground of entitlement and disclaim it for the other ground .
=U3= Sec1949 -- Section 1949 Mistake as to the ground of entitlement
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=S=> BGB 1949. 1 Acceptance is deemed not to have been made if the heir was mistaken as to the ground of entitlement .
=S=> BGB 1949. 2 In case of doubt , the disclaimer extends to all grounds of entitlement that are known to the heir at the time of the declaration .
=U3= Sec1950 -- Section 1950 Partial acceptance ; partial disclaimer
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=S=> BGB 1950 The acceptance and the disclaimer may not be limited to part of the inheritance . The acceptance or disclaimer of a part is ineffective .
=U3= Sec1951 -- Section 1951 More than one share of the inheritance
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=S=> BGB 1951. 1 A person who is entitled to more than one share of the inheritance may , if the entitlement is based on more than one ground , accept one share of the inheritance and disclaim the other .
=S=> BGB 1951. 2 Where the entitlement is based on the same ground , the acceptance or disclaimer of one share of the inheritance also applies to the other , even if the other devolves only later . The entitlement is based on the same ground even if it is directed in more than one will or by contract in more than one contract of inheritance entered into between the same persons .
=S=> BGB 1951. 3 If the deceased leaves an heir more than one share of the inheritance , he may permit the heir by disposition mortis causa to accept one share of the inheritance and disclaim the other .
=U3= Sec1952 -- Section 1952 Inheritability of the right of disclaimer
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=S=> BGB 1952. 1 The right of the heir to disclaim the inheritance is inheritable .
=S=> BGB 1952. 2 If the heir dies before the expiry of the period for disclaimer , the period does not end before the expiry of the period for disclaimer laid down for the inheritance of the heir .
=S=> BGB 1952. 3 Of more than one heir of the heir , each may disclaim the part of the inheritance corresponding to his share of the inheritance .
=U3= Sec1953 -- Section 1953 Effect of disclaimer
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=S=> BGB 1953. 1 If the inheritance is disclaimed , it is deemed that the inheritance did not devolve on those disclaiming .
=S=> BGB 1953. 2 The inheritance devolves on the person who would be entitled if the person disclaiming had not been alive at the time of the devolution of the inheritance ; the devolution is deemed to have taken place simultaneously with the devolution of the inheritance .
=S=> BGB 1953. 3 The probate court should notify the disclaimer to the person on whom the inheritance has devolved as a result of the disclaimer . It must permit inspection by every person who credibly establishes a legal interest .
=U3= Sec1954 -- Section 1954 Period of avoidance
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=S=> BGB 1954. 4 The avoidance is excluded if thirty years have passed since the acceptance or the disclaimer .
=U3= Sec1955 -- Section 1955 Form of avoidance
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=S=> BGB 1955 The avoidance of the acceptance or the disclaimer is made by declaration to the probate court . The declaration is governed by the provisions of section 1945.
=U3= Sec1956 -- Section 1956 Avoidance of failure to disclaim in good time
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=S=> BGB 1956 Failure to disclaim in good time may be avoided in the same way as acceptance .
=U3= Sec1957 -- Section 1957 Effect of avoidance
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=S=> BGB 1957. 1 The avoidance of the acceptance is deemed to be a disclaimer ; the avoidance of the disclaimer is deemed to be an acceptance .
=S=> BGB 1957. 2 The probate court should notify the avoidance of the disclaimer to the person on whom the inheritance devolved as a result of the disclaimer . The provision of section 1953 ( 3 ) sentence 2 applies .
=U3= Sec1958 -- Section 1958 Judicial assertion of claims against the heir
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=S=> BGB 1958 Before the acceptance of the inheritance , a claim directed against the estate may not be judicially asserted against the heir .
=U3= Sec1959 -- Section 1959 Management before the disclaimer
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=S=> BGB 1959. 1 If the heir carries out transactions relating to the inheritance before the disclaimer , he has the rights and duties towards the person who becomes an heir of an agent without specific authorisation .
=S=> BGB 1959. 2 Where the heir disposes of an object of the estate before the disclaimer , the effectiveness of the disposal is not affected by the disclaimer if it was not possible to postpone the disposal without detriment to the estate .
=S=> BGB 1959. 3 A legal transaction that must be entered into with the heir as the heir remains effective even after the disclaimer if it is entered into before the disclaimer with the person disclaiming .
=U3= Sec1960 -- Section 1960 Securing the estate ; curator of the estate
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=S=> BGB 1960. 1 Until the inheritance is accepted , the probate court is to ensure that the estate is secured , to the extent that this is necessary . The same applies if the heir is unknown or if it is uncertain whether he has accepted the inheritance .
=S=> BGB 1960. 2 The probate court may , in particular , order the attachment of seals , the deposit of money , securities and valuables and the drawing up of an estate inventory , and it may appoint a curator for the person who becomes heir ( curator of the estate ) .
=S=> BGB 1960. 3 The provision of section 1958 does not apply to the curator .
=U3= Sec1961 -- Section 1961 Curatorship of the estate on application
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=S=> BGB 1961 In the cases of section 1960 ( 1 ) , the probate court is to appoint a curator of the estate if the appointment is applied for by the person entitled for the purpose of judicially asserting a claim that is directed against the estate .
=U3= Sec1962 -- Section 1962 Jurisdiction of the probate court
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=S=> BGB 1962 For the curatorship of the estate , the probate court takes the place of the family court or custodianship court .
=U3= Sec1963 -- Section 1963 Maintenance for the mother-to-be of an heir
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=S=> BGB 1963 Where at the time of the devolution of the inheritance the birth of an heir is to be expected , the mother-to-be , if she is unable to maintain herself , may claim appropriate maintenance from the estate until the birth or , if other persons are also entitled as heirs , from the share of the inheritance of the child . When the share of the inheritance is calculated , it is to be assumed that only one child will be born .
=U3= Sec1964 -- Section 1964 Presumption that the treasury is heir
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=S=> BGB 1964. 1 If the heir is not determined within a period appropriate to the circumstances , the probate court must determine that there is no existing heir other than the treasury .
=S=> BGB 1964. 2 The determination gives rise to the presumption that the treasury is the heir on intestacy .
=U3= Sec1965 -- Section 1965 Public invitation to notify the rights of succession
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=S=> BGB 1965. 1 The determination must be preceded by a public invitation to notify the rights of succession , laying down a period for notification ; the nature of the invitation and the length of the notification period are determined under the principles governing public notice procedure . The invitation may be omitted if the costs are disproportionately high with regard to the amount of the estate .
=S=> BGB 1965. 2 A right of succession is not taken into account if it is proved to the probate court within three months after the expiry of the notification period that the right of succession exists or that it has been asserted against the treasury in a legal action . If there has been no public invitation , the three-month period begins when the judicial invitation to prove the right of succession or the filing of the claim is made .
=U3= Sec1966 -- Section 1966 Legal position of the treasury before determination
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=S=> BGB 1966 A right may be asserted by the treasury as heir on intestacy and against the treasury as heir on intestacy only after the probate court has determined that no other heir exists .
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