Vermächtnis

Vermächtnis is a testamentary bequest in German law, by which the testator designates a named beneficiary to receive a specific asset, a cash sum, or a right from the estate after death. The term derives from the verb vermachen, meaning to bequeath. It is a form of disposition that differs from an Erbschaft, which transfers the estate as a whole to heirs; a Vermächtnis creates a claim against the estate for the designated asset or value rather than transferring ownership of the entire estate to the beneficiary.

Forms of Vermächtnis include Geldvermächtnis (bequest of a money amount) and Sachenvermächtnis (bequest of a specific item or property). The Vermächtnisnehmer (beneficiary) acquires a claim against the estate that the executor or administrator must fulfill to the extent of the assets available.

Fulfilment of a Vermächtnis occurs after the death of the testator, during the settlement of the estate. The executor uses the available assets to satisfy the bequest; the bequest can interact with other inheritance rights, particularly the Pflichtteil (compulsory portion) of certain heirs, and may influence the distribution of the remainder of the estate.

Beyond the legal sense, Vermächtnis can also denote a broader, non-material legacy—values, ideas, or cultural heritage—left by a person to others.

See also: Erbschaft, Pflichtteil, Testament, Nachlass.