If you inherit yourself and your underage child at the same time, you could perhaps turn around the division - theoretically. But does one have to be deprived of custody for the inheritance?
Inheritance is not always easy. At least in principle. For example, if a relative bequeaths something to a mother and her minor child at the same time, this could result in a conflict of interest. For example, when mom decides how much to divide. She could distribute a little more in her favor and not get the maximum out of her child.
Should you therefore withdraw her custody for the issuance of the certificate of inheritance? Not if one can assume that parents act in the interests of their children. The Family Law Working Group of the German Lawyers' Association (DAV) refers to a corresponding decision by the Nuremberg Higher Regional Court.
In this specific case, a woman has appointed her daughter as the main heir. Her granddaughters - one of them a minor - should inherit securities worth 200,000 euros and possibly another 75,000 euros, depending on the value of the total assets left behind.
The probate court saw a possible conflict of interests between the heirs. Due to the collision of the interests of the mother with those of her underage daughter, the family court decided to withdraw the power of representation from both parents for the procedure for issuing a certificate of inheritance and to order supplementary guardianship.
Depending on how the will is interpreted, the inheritance amount for mother and child may differ. The withdrawal of the power of representation only for the mother does not make sense. One has to assume that because of the close relationship between the father and his mother, his wife, the conflict of interests would continue. If necessary, he would then have to speak out in favor of his wife or daughter.
The parents did not agree and were right in court. The child's representation can only be withdrawn from the parents if there is a significant conflict of interests and there is also a risk that the parents are not acting in the child's interests. After the explanations of the parents, however, the court assumed that they would be guided by the best interests of the child.
The judges emphasized that the principle of proportionality must be strictly observed in all interventions in parental rights. If, despite a conflict of interests, it is to be expected that the parents with custody would act in the interests of their child, one must refrain from withdrawing the power of representation.
