Inheritance laws govern the distribution of a person’s assets after their death. These laws differ from country to country, with each nation having its own unique set of rules and regulations. This essay will compare and contrast the inheritance laws of Paraguay and Germany.
Read more: Inheritance laws in Paraguay and GermanyCodigo Civil Paraguayo
Paraguay’s inheritance laws are primarily governed by the “Codigo civil” of Paraguay, which was enacted in 1940 and amended several times since then. In Paraguay, the distribution of a deceased person’s assets is governed by their last will and testament, if one exists. If there is no will, the assets are distributed according to the laws of intestacy. In this case, the assets are divided among the deceased person’s descendants, with the spouse and children receiving the largest share. Paraguay does not have any forced heirship laws, meaning that a person can choose to leave their assets to whomever they wish.
Inheritance laws in Germany
Germany, on the other hand, has a more complex set of inheritance laws. The German Civil Code governs the distribution of assets in the event of a person’s death, with the law being influenced by both the principles of inheritance law and the concept of forced heirship. In Germany, a person’s assets are divided according to their last will and testament, with the exception of a portion of the assets, known as the “reserved portion,” which is set aside for the deceased person’s descendants. This reserved portion cannot be less than one-half of the deceased person’s assets and cannot be completely disinherited by the deceased person’s will.
In addition, Germany also has a law called “Gesetzliche Erbfolge,” which governs the distribution of assets in the absence of a will. According to this law, a deceased person’s assets are divided among their spouse, children, and other close relatives in a set order of precedence. This law is designed to ensure that the deceased person’s family is taken care of, even if they did not leave a will.
Conclusion
Both Paraguay and Germany have laws governing the distribution of a person’s assets after their death. However, the laws of these two countries differ significantly, with Paraguay having a simpler set of laws based on the last will and testament of the deceased, while Germany has a more complex set of laws that include the concept of forced heirship and the “Gesetzliche Erbfolge” law. These differences reflect the different cultural and historical traditions of these two nations, and provide insight into the different approaches that these countries take to the important issue of inheritance.
A will would be highly recommended, especially when inheriting investments or real estate in Paraguay.
This article is not accurate.
There is a “reserve” of the deceased assets which gives most of it to family automatically.
All inheritance matters are resolved through a court. Nothing works automatically.