Substitute heir (Ersatzerbe)

Persuant to § 2096 of the German Civil Code (BGB) the testator may appoint a person to whom the share of a designated heir (Erbe) shall pass if such heir dies before the testator. Such person is generally referred to as "Ersatzerbe" or, in English, as "substitute heir" or "alternate heir". If the testator has made provision for one of his descendants and if after the will is made this descendant dies, then in case of doubt, his/her share in the estate passes to his/her descendants. See § 2069 BGB. A subsequent heir (Nacherbe) is, in case of doubt, also a substitute heir. See § 2102 BGB. 


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Glossary

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