GermanyWhat is a legacy (Vermächtnis) vs. inheritance?
A legacy (Vermächtnis) is a specific gift from an estate to a non-heir, while inheritance means becoming a legal heir with full rights and liabilities of the estate.
What the Law Says
German civil law draws a clear line between inheriting as an heir (Erbe) and receiving a legacy (Vermächtnis). The distinction affects rights, responsibilities, tax treatment, and eligibility for legal protections like the forced share (Pflichtteil).
An heir (Erbe) succeeds to the entire estate—or a defined share of it—by law or will. They step into the deceased’s legal position: they acquire all assets *and* assume all debts, unless they disclaim the inheritance within the statutory deadline.
A legacy, by contrast, is a one-time benefit granted under § 1939 BGB to someone who is *not* named as an heir. It can be a sum of money, a specific item (e.g., a painting or car), or even a usufruct right—but it does not make the beneficiary an heir. Legatees have no claim to the residue of the estate and bear no liability for the deceased’s debts.
Because legatees are not heirs, they cannot be forced to accept liability, do not need an Erbschein (certificate of inheritance), and are not entitled to the Pflichtteil—even if they’re a child or spouse excluded from inheritance.
Statutory TextDer Erblasser kann durch Testament einem anderen, ohne ihn als Erben einzusetzen, einen Vermögensvorteil zuwenden (Vermächtnis).
— BGB § 1939 — German Civil Code
What Courts Have Said
German courts emphasize that intent—not just wording—determines whether a provision creates a legacy or appoints an heir, especially when wills are ambiguous.
When a will’s language is unclear—e.g., saying 'I give my house to X' without naming X as heir—the court looks at the testator’s actual intent. Witness testimony and context may show the provision was meant as a legacy, not heirship.
What to Do
Review the will carefully: Does it name the person as ‘Erbe’ (heir), or simply grant them property without heir status?
If ambiguity exists, gather evidence of the testator’s intent (e.g., letters, witness statements) before filing claims or accepting benefits.
Legacy beneficiaries should confirm the estate has sufficient assets to cover debts *before* accepting—though they remain personally shielded from liability.
Heirs considering disclaimer must act within six weeks of learning of the inheritance and the grounds for it (§ 1944 BGB).
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.