Sole heir certificate confiscation

If it subsequently transpires that the heir shown in the certificate of inheritance is not the true heir, the certificate of inheritance may be withdrawn.

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the deceased, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir or the real heiress at court.

Forms are not required.

There is a sole heir certificate and this shows a person as heir who is not an heir.

An appeal may be lodged against the confiscation order.

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on the grounds of incorrectness.