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In principle, the heirs of a deceased person are entitled to their entire estate. However, in Section 1932 of the German Civil Code, the legislator has standardized the right of the deceased's spouse to demand the transfer of household items and wedding gifts from the heirs under certain conditions. If the conditions are met and the spouse makes use of his or her right, the heirs must give him or her the corresponding items.

The purpose of this provision is to ensure that the spouse, who may have lived with the deceased in a shared home for decades, does not have to argue with the heirs about which of the household items in the home may or may not continue to be used by them.

A mandatory prerequisite for the possibility of claiming the advance is that the spouse has become the legal heir of the deceased. If the spouse was appointed as heir in a will or inheritance contract, he or she is not entitled to the advance. If the spouse rejects the inheritance to which he or she is entitled as a legal heir, it is disputed whether the entitlement to the advance lapses as well.

What is covered by the spouse's right to the advance depends on who the spouse has become a legal heir alongside. In addition to the heirs of the second order (parents of the deceased and their descendants), the spouse is entitled to the household effects without restriction. In addition to the heirs of the first order (the deceased's children), he or she is only entitled to the household effects if he or she needs them to run an appropriate household.

The advance must be expressly asserted against the heirs as a claim under the law of obligations.

The above explanation is intended to provide an initial insight into the subject of advance payments. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 05.04.2023