Co-Heir Entitled To A Compulsory Portion Has Right To Inspect Land Register

A co-heir entitled to a compulsory portion can have a right to inspect the land register due to the possible transfer of properties before the death of the testator.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: A family member entitled to a compulsory portion who is a co-heir has a right to inspect the land register to assess potentially existing claims to supplement compulsory portions. That was the decision of the Munich Higher Regional Court (OLG) in its ruling of 7 November 2012 (Az.: 34 Wx 360/12).

The OLG had to reach a decision in a case in which a legal heiress had applied to be granted uncertified extracts from the land register "concerning potential properties" of the deceased father to assess possible claims to supplement compulsory portions. In the view of the OLG, the co-heir entitled to a compulsory portion should have the right to inspect the land register due to the possible transfer of properties before the death of the testator. This only requires a legitimate interest to inspect the land register.

In the view of the OLG, the person entitled to a compulsory portion must therefore be able to examine whether he might have a claim to supplement a compulsory portion. For that purpose, he must be entitled to a right to inspect the land register, but also because of possible transfers of properties occurring before the death of the testator. In order to demonstrate a legitimate interest to inspect the land register, it is enough for the potential person entitled to a compulsory portion to present a certificate of inheritance and in doing so prove that he is a co-heir and could thus potentially be entitled to claims to supplement compulsory portions.

A lawyer versed in the law of inheritance shall support heirs in the calculation, examination and enforcement of their compulsory portions, as well as the assertion of potentially existing claims to supplement compulsory portions. In other cases, a lawyer versed in inheritance law can help to defend against illegitimate claims for compulsory portions.
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