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Follow on Google News | Negative will: Clear arrangements should also be made when excluding someone from inheritanceA will not only provides the opportunity to designate heirs but also to exclude people from the inheritance. It is not necessary to mention the heirs in a so-called "Negativtestament" (negative will).
By: GRP Rainer LLP A case in point came before the Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] Following her death, a second cousin of hers laid claim to the substantial inheritance, pointing out that she had not been explicitly mentioned by name for the purposes of being excluded from the line of succession and had also been in contact with the deceased. She therefore argued that she ought not to be viewed as a distant relative. However, the OLG Düsseldorf took a different view: Kinship is defined by law. Accordingly, the second cousin was a distant relative. The Court held that the closest lineal relative in common was a great-grandfather of the cousin, someone who the testatrix had not even personally known. Thus, the OLG was in no doubt in finding that the second cousin was another distant relative who ought to be excluded from the inheritance in accordance with the wishes of the testator. The fact that the two women had been in personal contact did not change this. To prevent inheritance disputes from occurring, the arrangements laid out in a will should be worded as precisely as possible. Lawyers who are experienced in the field succession law can advise on all matters pertaining to wills and contracts of inheritance. https://www.grprainer.com/ GRP Rainer LLP www.grprainer.com/ Contact Michael Rainer Lawyer, Managing Partner GRP Rainer LLP Gürzenich-Quartier Augustinerstraß 50667 Cologne Germany Phone: +49 221-27 22 75-0 info@grprainer.com www.grprainer.com/ End
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