Reversionary heir

Reversionary heir is that, the strength order of death because of after another, that Heir in tail, is destined as inheriting (§ § 2100 FF. BGB).

The reversionary heir receives the inheritance only with the event, to that the inheritance by substitution is attached (Nacherbfall), z. B. the remarrying or the death of the heir in tail. Before it has an inheritable and a transferable Claim right, if that Testator nothing different one determined. The right of the reversionary heir to this inheritance is by restrictions of the right of disposal of the heir in tail over certain assets of an estate (z. B. Right one on Properties through grundbuchlichen Reversionary heir note), Prohibition of Donations from that Deduction and the obligation of the heir in tail to normal administration secured (§ 2113 - 2123, 2130 BGB), it is, the testator freed the heir in tail by order of death because of of restrictions (estate in tail released, § 2136 BGB).

Has the heir in tail entgeltlich assets of an estate, thus the payment (z. falls B. the received price) into the deduction (Surrogation, § 2111 BGB). Hurts the heir in tail for the disadvantage of the reversionary heir his obligations, it makes itself opposite liable to pay damages this.

The reversionary heir is inheritance of the testator, not the heir in tail. This does not know it therefore the inheritance through Will extract. Other one applies only then, if the reversionary heir of the testator on the condition is assigned, that the heir in tail nothing different one orders. With Berlin wills a pre and an inheritance by substitution in the doubt is not intended.

Although the reversionary heir is not inheritance of the heir in tail but the testator, the pre and inheritance by substitution in according to tax law regard are judged however in such a way, as two hereditary procedures would be present.

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