{"id":1284,"date":"2023-06-06T07:34:57","date_gmt":"2023-06-06T05:34:57","guid":{"rendered":"https:\/\/www.deinadieu.de\/estate-legacy\/"},"modified":"2024-07-23T11:24:32","modified_gmt":"2024-07-23T09:24:32","slug":"estate-legacy","status":"publish","type":"page","link":"https:\/\/www.deinadieu.at\/en\/estate-legacy\/","title":{"rendered":"Your design options"},"content":{"rendered":"\n

Inheritance, legacy or a gift after all?<\/h2>\n\n
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Inheritance<\/span><\/i><\/p>

By leaving an inheritance, a deceased person leaves a percentage share of the assets and debts of the community of heirs.

“… Hans receives 20% of the free quota”.
“I appoint Peter … as my sole heir”<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n\n\n\n

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Legacy<\/span><\/i><\/p>

With a legacy, the beneficiary does not become a member of the community of heirs, but receives a fixed amount of money or certain material assets.

“… receives my watch” or
“… receives a legacy of
EUR 10,000″<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n\n\n\n

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Donation<\/span><\/i><\/p>

In the case of a gift, the donor gives the recipient money or an object during his or her lifetime without receiving anything in return.

“… Max gives Kurt his stamp collection”<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n<\/div>\n\n

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We show you who you can benefit and how<\/strong>Explained simply and clearly with examples<\/p>\n\n\n\n

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Inheritance<\/strong><\/h2>\n\n\n\n

When a person dies, they leave behind assets (also referred to collectively as an “inheritance” or “estate”).\nSuch an inheritance can be received as a legal heir or as an heir named in a will.\nLegal heirs are, for example, the children or spouse of the deceased.\nDesignated heirs are determined by the testator in the will<\/a> or in an inheritance contract.\nAll heirs become members of the community of heirs and thereby acquire rights and obligations.\nAs an heir, you are entitled to a certain share of the estate, depending on how many other heirs you have to share with.\nHowever, you also always assume the debts of the deceased. <\/p>\n\n\n\n

Example 1:Theodor is single and has no children.\nHe also has a niece, but has little contact with her.\nTheodor has supported animal welfare all his life and feels a close bond with animals.\nIf Theodor did not make any arrangements, his niece would be the only remaining legal heir to his estate.\nTheodor therefore decides to settle his estate and leave his assets, including an apartment building in Vienna, to the animal welfare organization of his choice in a will.\nHe also made the inheritance subject to the condition that the association should ensure that his cat was always well looked after until his death. <\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n

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Legacy<\/strong><\/h2>\n\n\n\n

In the case of a legacy, the legatee does not become part of the community of heirs.\nThe legatee is entitled to a specific item (e.g. a painting) or a specific amount of the estate (e.g. EUR 10,000) from the estate or later from the community of heirs or individual heirs.\nA legatee is not subrogated to the debts of the testator. <\/p>\n\n\n\n

Example 2:Anton has a daughter and a wife.\nAs he has supported a children’s charity (non-profit organization) all his life and children are very close to his heart, he would like to take this into account.\nHe asks lawyer Mag. M\u00fcller for advice.\nHe suggested that he consider the charitable organization through a bequest.\nIn this way, he can give the charitable organization a certain amount (e.g. EUR 20,000) from his estate.\nHowever, the charitable organization does not receive any inheritance rights, does not assume any of Anton’s debts and cannot become involved in the division of the estate between the daughter and wife. <\/em> interfere.\nThe charitable organization is only entitled to receive the EUR 20,000.\nThis means that Anton can continue to support disadvantaged children after his own death. <\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n

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Donation<\/strong><\/h2>\n\n\n\n

In the case of a gift, the donor leaves an item (including real estate) or money to the donee during their lifetime.\nA gift agreement is usually concluded for this purpose, in which the parties are listed (depending on the object to be gifted in the form of a notarial deed).\nA gift also differs from an inheritance in that the recipient is not granted the status of heir.\nIn principle, gifts inter vivos have nothing to do with inheritance.\nHowever, they may be taken into account at a later date when determining the compulsory portion and the offsetting. <\/p>\n\n\n\n

Example 3:Ida is widowed and has a wealthy sister.\nHowever, she takes little care of her.\nIda, on the other hand, has been cared for by her neighbor, Charlotte, for many years.\nIda also has a strong connection with the countries of southern Africa: she often traveled to this part of the world with her late husband, a diplomat.\nDuring her lifetime, Ida decided to donate a large part of her fortune to her neighbor Charlotte and to a charitable organization providing development aid for sub-Saharan Africa.\nThis is done by means of a written deed of gift during her lifetime. <\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

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Consider an organization or person through a bequest now:<\/strong><\/p>\n\n\n\n