A disinherited daughter can demand her compulsory portion. She then has a statutory right to information. But what information has to be in the notarial estate register for the Oder accounts?
With a so-called Oder account, a testator can ensure that, in the event of death, a co-account holder will receive the entire savings balance without any problems. Even during their lifetime, the co-account holder as the recipient of the gift can receive half of the savings credit. So if the succession occurs, it is not enough for a notary to mention in the estate register that such an account exists.
Rather, in the case of Oder accounts, he or she must also find out which services the co-account holder has received from such an account, according to a decision of the Munich Higher Regional Court (Az .: 33 W 775/21). The Inheritance Law Working Group of the German Lawyers’ Association (DAV) reported on the case.
Disinherited daughter applies for a fine
A disinherited daughter demanded her compulsory portion. In order to determine the exact amount, she asked for information about the estate’s values. Since she has a statutory right to information, a notary created an estate register.
The daughter considered this list to be incomplete. Because an OR account is given there. However, the inheriting wife of the deceased could access this. In addition, the daughter was not allowed to be present when the estate register was being drawn up. So she wanted to impose a fine on the heiress.
The register of estates must provide detailed information More on the subject
The judges agreed with her. In the case of an OR account, the directory must provide information about the services that co-account holders have received from such an account. Since, for example, possible donations to co-account holders would have to be included in the calculation of the compulsory portion.
The notarial estate register did not contain such information. Therefore, a fine had to be imposed on the heiress in order to encourage her to provide the relevant information. However, the daughter could not base her application for a fine on the fact that she was not present when the directory was compiled. In principle, those entitled to a compulsory portion have such a claim. But the daughter had not explicitly sued this.