1001
=U3= Sec2087 -- Section 2087 Gift of property , of fraction of property or of individual objects
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=S=> BGB 2087. 1 If the testator has given his property or a fraction of his property to the person provided for , the disposition is to be regarded as the appointment of an heir even if the person provided for is not described as an heir .
=S=> BGB 2087. 2 If the person provided for has been given only individual objects , then in case of doubt it is not to be assumed that he is intended to be an heir , even if he is described as an heir .
=U3= Sec2088 -- Section 2088 Appointment to fractions
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=S=> BGB 2088. 1 If the testator has appointed only one heir and has restricted the appointment to a fraction of the inheritance , the remainder of the inheritance passes under the rules of intestate succession .
=S=> BGB 2088. 2 The same applies if the testator has appointed more than one heir , restricting each of them to a fraction , and the fractions do not exhaust the whole .
=U3= Sec2089 -- Section 2089 Increase of the fractions
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=S=> BGB 2089 Where the appointed heirs , by the will of the testator , are to be the only heirs , then , if each of them inherits a fraction of the inheritance and the fractions do not exhaust the whole , the fractions are proportionately increased .
=U3= Sec2090 -- Section 2090 Reduction of the fractions
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=S=> BGB 2090 If each of the appointed heirs is appointed to a fraction of the inheritance and the fractions exceed the whole , a proportionate reduction of the fractions takes place .
=U3= Sec2091 -- Section 2091 Undetermined fractions
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=S=> BGB 2091 If more than one heir is appointed without the shares of the inheritance being determined , they are appointed in equal shares , unless sections 2066 to 2069 lead to a different conclusion .
=U3= Sec2092 -- Section 2092 Partial appointment to fractions
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=S=> BGB 2092. 1 If , of more than one heir , some are appointed to fractions and the others without fractions , the latter receive the part of the inheritance that remains .
=S=> BGB 2092. 2 If the determined fractions exhaust the inheritance , there is a proportionate reduction of the fractions in such a way that each of the heirs appointed without a fraction receives as much as the heir appointed to the smallest fraction .
=U3= Sec2093 -- Section 2093 Joint share of the inheritance
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=S=> BGB 2093 If more than one of several heirs is appointed to one and the same fraction of the inheritance ( joint share of the inheritance ) , then with regard to the joint share of the inheritance the provisions of sections 2089 to 2092 apply with the necessary modifications .
=U3= Sec2094 -- Section 2094 Accrual
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=S=> BGB 2094. 1 If more than one heir is appointed in such a way that they exclude intestate succession , and if one of the heirs ceases to be an heir before or after the date of the devolution of the inheritance , the share of the inheritance of that heir accrues to the other heirs in proportion to their shares of the inheritance . If some of the heirs are appointed to a joint share of the inheritance , the accrual is first effected between them .
=S=> BGB 2094. 2 If the appointment of an heir disposes of only part of the inheritance and if intestate succession applies with regard to the remainder , then accrual takes place between the appointed heirs only to the extent that they are appointed to a joint share of the inheritance .
=S=> BGB 2094. 3 The testator may exclude the accrual .
=U3= Sec2095 -- Section 2095 Accrued share of the inheritance
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=S=> BGB 2095 The share of the inheritance that passes to an heir through accrual is deemed to be a separate share of the inheritance with regard to the legacies and testamentary burdens with which this heir or the heir who ceased to be heir is encumbered and with regard to the duty to adjust advancements .
=U3= Sec2096 -- Section 2096 Substitute heir
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=S=> BGB 2096 The testator may , to provide for the case where an heir ceases to be heir before or after the date of the devolution of the inheritance , appoint another person as heir ( substitute heir ) .
=U3= Sec2097 -- Section 2097 Rule of interpretation in the case of substitute heir
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=S=> BGB 2097 If a person is appointed substitute heir for the case where the heir first appointed cannot be heir or for the case where the heir first appointed does not wish to be heir , then in case of doubt it is to be assumed that he is appointed for both cases .
=U3= Sec2098 -- Section 2098 Mutual appointment as substitute heir
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=S=> BGB 2098. 1 If the heirs are appointed mutually or if for one of them the others are appointed as substitute heirs , then in case of doubt it is to be assumed that they are appointed substitute heirs in the proportion of their shares of the inheritance .
=S=> BGB 2098. 2 If the heirs are appointed mutually as substitute heirs , then in case of doubt heirs who are appointed to a joint share of the inheritance take priority over the others as substitute heirs for this share of the inheritance .
=U3= Sec2099 -- Section 2099 Substitute heir and accrual
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=S=> BGB 2099 The right of the substitute heir takes priority over the right of accrual .
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