District Court Koblenz: Gift of savings books even without assignment

District Court Koblenz: Gift of savings books even without assignment

a remarkable judgment on savings of savings

The district court of Koblenz decided in a recent judgment on March 14, 2024 that the gift of savings books can be legally effective even without a special declaration of assignment (Az.: 3 O 457/23). This decision has potential effects on the practice of assets during his lifetime and at the same time illuminates how important clear agreements are in such asset questions.

The circumstances of the case

The judgment was based on a dispute in which a woman had the savings books of her late brother in her possession. These savings books had a remarkable credit of around 92,000 euros. The defendant's brother had stipulated in his will that his wife should receive half of the heritage and his sister a quarter. The rest of the amount was intended for more distant relatives. In this case, however, there was neither a notarial gift certificate nor a written declaration of assignment.

The role of the executor

The executor wanted to force the release of the savings books because he believed that they were part of the estate. His argument was based on the lack of declaration of assignment and the fact that no gift tax was paid. However, the sister insisted that her brother handed over the savings books and thus granted her the right to dispose of the money.

The court ruling: an important clarification

The district court of Koblenz rejected the lawsuit of the executor. The court found that a donation in moving things does not necessarily require a notarial certification. However, the transfer of a savings book is not so easy because it represents a document that embodies the claim to the money at the bank. Therefore, there must be an assignment agreement to also transfer the credit.

tacit assignment possible

A central point of the decision was to determine that a declaration of assignment could have taken place tacitly. If a savings book was handed over with the intention that the other person may keep the credit, this could already be interpreted as tacit assignment. The court stated that the circumstances of the individual case are decisive in order to prove the so-called "breastfeeding-soaked assignment".

The perspective of the siblings

In the present case, the court believed that the sister argument that she had received the savings books from her brother with the express permission to dispose of the money. The close sibling relationship and the testator's intention to secure his sister financially also flowed into the court's decision -making. Overall, the court was convinced that an effective donation had taken place, even without the notarial assignment at the bank.

conclusions and effects

The judgment not only has legal relevance for possible future disputes around donations, but could also lead to people becoming more aware of the importance of clarity and documentation in asset transfers. It shows how easy misunderstandings can arise in the family and that everyone involved should be well informed. Lawyers and experts for inheritance law therefore offer valuable advice in such matters. A new light on the legal framework of donations also throws this judgment, which makes it an interesting reference for future similar cases.

If you have any questions about the gift and the right of inheritance, the lawyers from MTR are happy to be available.

- Nag