Article 2167. Capacity to inherit

(1) Capacity to inherit is the capacity of a person to become heir.
(2) Any person that has passive legal capacity has the capacity to inherit.
(3) Unless the law provides otherwise, only natural persons who are alive, or legal persons that exist, at the time of the devolution of an inheritance may be heirs.
(4) A child born alive after the time of devolution of the inheritance has capacity to inherit at the time of devolution of the inheritance if he or she was conceived before the time of devolution of the inheritance.

Annotation:
Author: Octavian Cazac
Published: 14 July 2020
Origin of the rule: §1923 BGB