Compensation obligation for special benefits of a descendant, Section 2057a BGB
Section 2057a (1) sentence 1 BGB stipulates that a descendant who, by working in the household, profession or business of the deceased for a longer period of time, by making substantial monetary contributions or in any other way has made a particular contribution to preserving or increasing the deceased's assets, In the event of a settlement, the deceased may demand equalisation between the descendants who succeed to the estate with him or her as legal heirs. According to sentence 2, this also applies to a descendant who has cared for the deceased for a longer period of time.
The need for care is not limited to the cases of § 14 SGB XI. Rather, a need for care on the part of the deceased within the meaning of Section 2057a (1) sentence 2 BGB can also arise in the case of Illness, disability, old age or other need for assistance if the presence of the descendant is required as a result, provided that the The descendant is available for discussions on the one hand and for the safety of the person in need of care in the event that help suddenly becomes necessary on the other. This is a special regulation in this respect and also has No impact on social law.
In addition, care services within the meaning of Section 2057a (1) sentence 2 BGB are deemed to be regularly recurring activities in the course of daily life in the area of:
- Personal hygiene (washing, showering, bathing, dental care, combing, shaving, bowel or bladder emptying)
- Nutrition (bite-sized preparation, intake of food)
- Mobility (getting up and going to bed, dressing and undressing, walking, standing, climbing stairs, leaving and returning to the home)
- Household chores (shopping, cooking, cleaning the home, washing up, changing and washing laundry and clothes, heating)
In addition, other assistance services are also recorded, such as the Carrying out errands and written matters. The care activity must for a longer period of time have taken place and as Performance recognised to a special degree be used. There is no minimum limit. In this respect, a judgemental approach is necessary, whereby courts do not proceed too strictly. For example, even a care period of one month can reach the significant level if it had to be particularly intensive due to the circumstances. In this respect, it depends on the individual case. In the relationship between parent and child, it must be a matter of extra-mandatory services that go beyond what is usual in the context of a normal parent-child relationship and what is required by Section 1618a BGB. Any categorisation of the deceased into a specific care level may indicate the scope of the respective care services.
It is irrelevant whether the descendant has waived professional income. This is no longer necessary since the new version of § 2057a BGB. Furthermore, the descendant no longer needs to have taken on the care alone; he or she may have carried it out together with other family members or with helpers paid by him or her.
However, compensation in accordance with Section 2057a para. 2 sentence 1 BGB cannot be demanded if reasonable remuneration has been granted or agreed for the services or if the descendant is entitled to a claim on other legal grounds due to his or her services. However, the granting of tips, free board and lodging does not constitute appropriate remuneration, nor does pocket money. The passing on of any care allowance does not constitute appropriate remuneration either, but only reduces the equalisation claim in the respective amount.
The The equalisation claim is only taken into account in the settlement. It does not change the inheritance shares of the descendants involved in the equalisation; these remain unaffected. Rather, the equalisation claim results in a deviation of the division quota from the inheritance quota.
Entitlement to compensation for other family carers
Caring relatives who are legal heirs but not descendants of the deceased cannot assert a claim for compensation against the other co-heirs in accordance with Section 2057a (1) sentence 2 BGB, as the wording of this expressly only covers descendants. However, other claims are conceivable, but these require a precise case-by-case examination. Your specialist lawyer for inheritance law in Düsseldorf and Krefeld, Dr Michael Gottschalk, will be happy to advise you on this matter and all other questions.