STATUTORY RIGHT OF INHERITANCE
591
If A had to account for £10,000 he would be left
out of account ; #4,000 (being the aggregate value
of gifts made to B and C) would be added to
E15,000, making
£19,000
—
—
B would receive £9,500— £1,000.
8,500
C would receive £9,500—£3,000
6,500
£15,000
—
Any person who has to bring gifts into hotchpot must give
information to all interested persons as to the particulars of such
gifts—B.G.B. 2050, 2055-2057.2
Where several shares are received by one person under separate
titles (e. g. where any issue represents several stirpes), the
hotchpot liability is considered separately for each share; the
addition to a share, brought about by the lapse or forfeiture of
another share, is for this purpose deemed a separate shareB.G.B. ¬
1935.
2. RENUNCIATION OF STATUTORY RIGHT OF INHERITANCE
479. Any person may by a publicly certified agreement
with another renounce his rights to a statutory portion in the
estate of such other.3 Such an agreement is called Erbversicht
(renunciation of inheritance). Where the renouncing party is
one of the kindred of the party to whose estate the renunciation
refers, the renunciation extends to the issue of the renouncing
party unless the contrary is shown. Where the renunciation is
made in favour of any other person it is, in the absence of
a contrary stipulation, inoperative in the event of such other
person being deprived of or forfeiting his own right; where
a general renunciation is made by any issue of the person to whose
state the renunciation refers, it is presumed to be made in favour
the deceased had died at the date of the gift, would not have been a statutory
heir, is not, in the absence of a contrary direction, to be brought into
hotchpot—B.G.B. 2051 (1), 2053.
2 As to gifts made out of common property by spouses living under any
régime of community of goods sec B.G.B. 2054.
3 The party to whose estate the renunciation refers must execute
the agreement in person, unless he is incapable (93), in which case his
statutory agent may act on his behalf; if he is of restricted capacity the
concurrence of the statutory agent is dispensed with. If either party is
under guardianship the leave of the Court is required ; if either party is
under parental control, the leave is required unless the parties are spouses or
intending spouses.