Vermächtnisse

Vermächtnisse are testamentary dispositions that designate a person or entity as the recipient of a specific asset or amount from the estate of a deceased person. The designated recipient is called a Vermächtnisnehmer; unlike heirs who acquire co-ownership of the estate, the beneficiary of a Vermächtnis has a personal claim on the estate to satisfy the bequest. Vermächtnisse are a common instrument in civil law to allocate particular property or sums to individuals without changing the overall heirship structure.

There are two main forms: Geldvermächtnis (monetary bequest) and Sachvermächtnis (in-kind bequest, such as a house, jewelry, or other asset). The bequest can be subject to conditions or time limits set by the testator; it may also specify how it is to be fulfilled if the asset is no longer available.

In terms of effect, the heirs must fulfill the Vermächtnis from the estate, and the existence of a Vermächtnis can interact with the right of heirs and with the statutory Pflichtteil, which protects a portion of the estate for certain relatives. If the bequest cannot be satisfied, it may be reduced or settled according to the applicable rules and the will's wording.

Drafting and administration of Vermächtnisse require care to avoid disputes among heirs and to ensure enforceability during probate. The concept is a standard element of inheritance law in systems recognizing testamentary dispositions, particularly in German-speaking jurisdictions.