Many relatives take on care tasks for years – often alongside their job, without pay and out of family responsibility. The fact that this use can be taken into account in the event of an inheritance is enshrined in law, but is by no means a given in practice.
Statutory compensation for care services
The Civil Code stipulates that certain care services may be taken into account in the inheritance. The corresponding provision, Section 2057a BGB, grants compensation to so-called descendants – i.e. children, grandchildren or great-grandchildren – under certain conditions. This regulation applies if the care went beyond what is normally provided within the family. According to the summer law firm, other relatives such as spouses, siblings or children-in-law are excluded from this legal right, even if they have also taken on care responsibilities.
When a claim exists
Individual cases show that there can be a lot of leeway between the legal basis and actual implementation. The decisive factor is whether the care provided is considered a “significant contribution” to the preservation of the testator’s assets. It is not enough to occasionally help or provide small assistance. Above-average, continuous support is necessary. According to the information portal Pflege-durch-Angele.de, this is often based on a period of at least six months. Anyone who has helped with personal hygiene, nutrition or mobility over a period of months can therefore have a good chance of being entitled to compensation – provided that the services were not otherwise remunerated.
What must be proven in the event of inheritance
The legal right to care compensation is not automatic. It is not enough to refer to past care – it must be concretely proven. Lawyers recommend keeping a care diary over a longer period of time and keeping important documents such as care level certificates or timesheets. In many cases, a claim fails due to a lack of documentation. T Online points out in an article that inheritance disputes can be avoided if the claim is submitted early and with verifiable information.
How courts assess the amount
The amount of a possible compensation payment depends on various factors. There is no fixed sum; instead, comparative values are regularly used. These are based, for example, on the costs of professional care, i.e. the amount of expenses saved through family care. Benefits from nursing care insurance may be deducted. An example is a case before the Frankfurt Higher Regional Court: There, a son who had cared for his mother for ten years received compensation of 40,000 euros. The estate amounted to around 166,000 euros. According to T-Online, not only the duration but also the intensity of the care played a central role.
Editorial team finanzen.net