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Book 5 · Law of succession  ›  Subtitle 1 · Legal relationship of the heirs between themselves › Section 2057a

Duty to adjust advancements in the case of special payments by one descendant

(1) A descendant who, as a result of work over a long period in the household, profession or business of the deceased, of substantial financial contributions or in another way has to a particular degree contributed to the preservation or increase of the assets of the deceased, may, in the partitioning, demand adjustment between the descendants who inherit as heirs on intestacy together with him; section 2052 applies accordingly. This also applies to a descendant who cared for the deceased for a long period.

(2) An adjustment may not be demanded if appropriate payment was made or agreed for the work, or to the extent that the descendant, on account of their work, has a claim on other legal grounds. It does not conflict with the duty to adjust advancements if the work was done under sections 1619 and 1620.

(3) The adjustment amount is to be assessed in such a way as is equitable with regard to the duration and scope of the work and to the value of the estate.

(4) In the partitioning, the adjustment amount is added to the share of the inheritance of the co-heir entitled to adjustment. All the adjustment amounts are deducted from the value of the estate, to the extent that this is due to the co-heirs among whom the adjustment takes place.

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