Seraphine
Nobility
- Joined
- Apr 18, 2007
- Messages
- 430
- City
- North
- Country
- Germany
Well, that depends. I'm not an expert, bout our legal portion system works like that:
It says, that if children were disinherited, they have the right to claim their legal potion. The amount depends on your blood state to the late person and the number of heirs, that have the right on a legal potion.
The legal potion is the HALF OF THE NORMAL PART OF THE HEIR.
Example: One man dies and has 100.000 € and a wive and two children. The wive would get 50.000 and the children each 25.000€ . If one child has married a women, that the father doesn't like, the father can disinherit his child. When he dies, one gets 25.000 and the other just 12.500, because it has the right to be supported. It's a german constituional law, that protects families in a special way. It is based on Roman law.
If one child has knocked the father out after an argument or stolen something, the father can disposses even the legal portion.
The legal portion and the legally/ normal part of the heir rules do only work, if the father/ mother made NO testament or made a testament and not everyone agrees.
If everyone agrees, children might disclaim on their portion, for ex. to make sure the family assets stay in one hand.
An agreement can be made by:
1) early / advance inheritance settlement -> ex. a daughter marries and gets a big dower.
2) Apanage
A trust is also a possibilty to save the family asset: Then there is a private asset of the late person and a family asset, for ex. a castle.
Families, that have trusts are: The Leiningen family, the Hanover family, the House of Oranien-Nassau.....
It says, that if children were disinherited, they have the right to claim their legal potion. The amount depends on your blood state to the late person and the number of heirs, that have the right on a legal potion.
The legal potion is the HALF OF THE NORMAL PART OF THE HEIR.
Example: One man dies and has 100.000 € and a wive and two children. The wive would get 50.000 and the children each 25.000€ . If one child has married a women, that the father doesn't like, the father can disinherit his child. When he dies, one gets 25.000 and the other just 12.500, because it has the right to be supported. It's a german constituional law, that protects families in a special way. It is based on Roman law.
If one child has knocked the father out after an argument or stolen something, the father can disposses even the legal portion.
The legal portion and the legally/ normal part of the heir rules do only work, if the father/ mother made NO testament or made a testament and not everyone agrees.
If everyone agrees, children might disclaim on their portion, for ex. to make sure the family assets stay in one hand.
An agreement can be made by:
1) early / advance inheritance settlement -> ex. a daughter marries and gets a big dower.
2) Apanage
A trust is also a possibilty to save the family asset: Then there is a private asset of the late person and a family asset, for ex. a castle.
Families, that have trusts are: The Leiningen family, the Hanover family, the House of Oranien-Nassau.....