Accrual of inheritance (Anwachsung)

Pursuant to § 2094 BGB accrual of inheritance (Anwachsung) occurs if more than one heir (Erbe) is appointed in such a way that they exclude intestate succession (gesetzliche Erbfolge).  If one of such designated heirs does not inherit, e.g. because he/she dies before the testator or disclaimes the inheritance, the share of the inheritance of that heir accrues to the other heirs in proportion to their shares of the inheritance. If some of the heirs are appointed to a joint share of the inheritance, the accrual is first effected between them. The testator may, in his Will, exclude the accrual.