A fresh urn grave (symbolic image)
Image: Michael Braunschädel
A widow who promised her daughter her jewelry as an inheritance ultimately wants her wedding ring and a gold chain to be placed in her grave. After the mother's death, the heirs sue the executor of the will.
GOld jewelry from a deceased person may be placed in her grave, even if this means that the legacy of a co-heir is lower. The Frankfurt am Main Higher Regional Court (OLG) decided this in a decision announced on Thursday. The judges thus rejected a co-heir's complaint against a similar decision by the Königstein district court. The lawsuit was directed against the executor of the will, who was accused of “behavior contrary to his duty” and who should therefore be relieved of his duties. (AZ 21 W 120/23)
In her will, the widow had named her three children as co-heirs – one daughter was to receive her jewelry as a legacy. She later instructed the executor to place her wedding rings and a gold chain in her grave. When the jewelry actually disappeared during the burial, the co-heirs took the position that this had been “breach of duty”.
However, according to the OLG decision, the plaintiffs were unable to prove that the jewelry had been placed in the grave against the will of the deceased. In any case, the executor of the will has not committed a gross breach of duty, “even if this means that he is partially unable to fulfill an ordered legacy,” says the decision, which has already become legally binding.
#Gold #jewelry #grave #dereliction #duty