Gerichtsentscheid: Als Erbe Pflichten versäumt? Nicht immer droht Zwangsgeld
Wer als Erbe Unterlagen nicht vorlegen kann, muss nicht automatisch mit einem Zwangsgeld rechnen. Wann Gerichte von der Strafe absehen, zeigt ein aktueller Fall aus Brandenburg.
A recent court ruling in Brandenburg emphasizes that heirs may not always face penalties for failing to fulfill their inheritance responsibilities. According to a report from the German Lawyers' Association, a court ordered a daughter to provide account statements from the past decade of her deceased parent's bank account. However, the daughter could not locate the necessary documents, and the bank informed her that the retention period for such statements was ten years.
Despite this, the daughter demanded that her sister impose a penalty on the daughter. The court denied this request, stating that the daughter had done everything possible to obtain the account statements. The bank had written to the daughter, explaining that the ten-year retention period for these documents meant they could not be submitted in their entirety.
The court ruled that no penalty could be imposed, as the bank's letter indicated that no further actions could be taken. The court emphasized that the penalty's purpose was to compel action, but if it were impossible to achieve that goal, a penalty would not be granted.
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
