In Germany, a legacy gives the legatee a claim for restitution against the heirs. It is a so-called „legacy of damnation“ and does not yet create a legal position in rem comparable to an inheritance. Polish inheritance law also recognises such legacies, Art. 968 ZGB. In Poland, however, there are also „legacies of vindication“, Art. 981 § 1 ZGB. This states:
„The testator may stipulate in a will drawn up in the form of a notarised deed that a specific person acquires the object of the bequest at the time of death.“
The legatee therefore does not have to assert a claim for restitution under the law of obligations, but acquires ownership directly at the time of inheritance in the case of an effective legacy by vindication. The effects of a vindication bequest are also preserved in countries that do not recognise such an institution. For example, it is sufficient for a German land registry office if the legatee documents his ownership status. The legatee can then request the transfer in the land register, cf. Judgement of the ECJ in the case „Kubicka“. If you have any further questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.