Unlike an heir, the legatee does not acquire a direct proprietary claim to the property, but merely a contractual claim against the heirs for its transfer.

For inheritance tax purposes, however, the bequeathed item is still recognised at its full market value for the legatee and reduces the taxable acquisition of the heirs accordingly.

Disputes over the value to be applied between heirs and legatees can also best be avoided here through a neutral, jointly accepted appraisal report.

The legatee generally pays tax on the acquisition according to their own inheritance tax class and their own personal allowances, which are determined by their degree of relationship to the deceased, independent of the heirs' tax class.

The claim to transfer of the bequeathed property generally becomes due immediately upon the occurrence of the inheritance, unless the testator has specified a later date or a suspensive condition in the will.

Legal notice

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