Gold jewelry placed in the grave: "No breach of duty"

Higher Regional Court Frankfurt - Gold jewelry placed in the grave: "No breach of duty"

Gold jewelry of a deceased person may be placed in their grave, even if this reduces the legacy of a co-heir. This was decided by the Higher Regional Court (OLG) of Frankfurt am Main in a ruling published on Thursday. The judges thus rejected the appeal of a co-heiress against an identical decision by the Königstein Local Court. The complaint had been directed against the executor of the will, who was accused of "conduct in breach of duty" and was therefore to be relieved of his office. (DOCKET NO. 21 W 120/23)

The widow had named her three children as co-heirs in her will - one daughter was to receive her jewelry as a legacy. She later instructed the executor of her will to include her wedding rings and a gold chain in her grave. When the jewelry actually disappeared during the funeral, the co-heirs argued that this was "contrary to duty".

However, according to the OLG ruling, the plaintiffs were unable to prove that the jewelry had been placed in the grave against the wishes of the deceased. In any case, the executor of the will had not committed a gross breach of duty, "even if this meant that he was unable to partially comply with an ordered legacy", according to the decision, which has already become final.

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1. In a similar case, the royal stone, a piece of significant jewelry, was also disputed in a local court in Hesse, Germany.
2. The Higher Regional Court of Frankfurt (OLG) will respond to this case, upholding or overturning the local court's judgments.
3. Should the OLG rule against the executor, it could potentially lead to the redistribution of the gold jewelry, affecting the legacy of other co-heirs.
4. This legal process involving the breach of duty claim against the executor will unfold in the higher regional court of Frankfurt on the Main.
5. If the court rules in favor of the legacy holder, it could set a precedent for future disputes over the placement of valuable jewelry in graves in Germany.
6. The legacy of the deceased, including the royal stone, is under contention, waiting for the superior court's ruling to determine the validity of the executor's actions regarding the jewelry's disposal.

Source: www.stern.de