{"id":949,"date":"2023-12-07T17:09:10","date_gmt":"2023-12-07T16:09:10","guid":{"rendered":"https:\/\/www.rechtsanwalt-erbrecht.eu\/deutsches-erbrecht\/einzelfragen\/voraus-des-ehegatten\/"},"modified":"2026-07-11T17:47:08","modified_gmt":"2026-07-11T15:47:08","slug":"advance-of-the-spouse","status":"publish","type":"page","link":"https:\/\/www.rechtsanwalt-erbrecht.eu\/en\/deutsches-erbrecht\/einzelfragen\/voraus-des-ehegatten\/","title":{"rendered":"Advance of the spouse"},"content":{"rendered":"

Advance of the spouse<\/strong><\/h2>\n

If a testator dies, the quotas of the heirs and the assets belonging to the estate must be determined. For this purpose, both the active and passive assets of the deceased are determined.<\/p>\n

What is an advance?<\/strong><\/h3>\n

The purpose of the advance is to ensure that the surviving spouse retains the effects of the marital union. According to the purpose of the standard, the death of a spouse should not lead to the surviving spouse having to radically change their external circumstances. The primary concern is not only to protect the economic existence, but also to avoid interference in the emotional world and personal sphere.<\/p>\n

The spouse's advance is standardised by law in Section 1932 BGB. Pursuant to Section 1932 (1) BGB, the surviving spouse is entitled, in addition to the inheritance share, to the items belonging to the marital household, unless they are an accessory to a property, and the wedding gifts as an advance if he or she is a legal heir alongside relatives of the second order or grandparents. If the surviving spouse is next of kin of the first order, he or she is only entitled to these items to the extent that he or she needs them to run an appropriate household.<\/p>\n

What are the requirements for the claim?<\/strong><\/h3>\n

The surviving spouse must be the legal heir of the deceased. On the other hand, the claim does not exist if the marriage has been dissolved, a waiver of inheritance or a declaration of ineligibility for inheritance has been made. An analogous application of \u00a7 1932 BGB to non-marital cohabitation is out of the question. The matrimonial property regime agreed by the spouses is irrelevant to the right of legacy.<\/p>\n

The advance claim does not apply if the spouse is disinherited. Even if the testator has named the spouse as heir by a disposition of property upon death, the surviving spouse is generally not entitled to a bequest, as the testator has then conclusively determined the share of the estate by assessing the share of the inheritance granted.<\/p>\n

What is part of the advance?<\/strong><\/h3>\n

In terms of content, the entitlement to advance payment covers all items belonging to the marital household. This includes items that are typically considered part of the common living area, even if they were only used by one spouse. Typical items include in particular Furniture, crockery, bed and table linen, kitchen appliances, washing machine, radio, television, car, etc.<\/p>\n

Property accessories and house plots are expressly excluded from the law.<\/p>","protected":false},"excerpt":{"rendered":"

Voraus des Ehegatten Stirbt ein Erblasser sind die Quoten der Erben und das zum Nachlass geh\u00f6rende Verm\u00f6gen zu ermitteln. Hierzu wird sowohl das aktive als auch das passive Verm\u00f6gen des Erblassers festgestellt. Was ist ein Voraus? Der Zweck des Voraus ist es, dem \u00fcberlebenden Ehegatten die Folgewirkung der ehelichen Gemeinschaft zu sichern. Der Tod eines […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":388,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-949","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t