Editor’s Note
This article examines a recent German Federal Court of Justice ruling that clarifies inheritance claims for jewelry and precious metals, offering heirs greater legal security when selling inherited valuables.
Inherited jewelry, gemstones, and precious metals often pose complex valuation and tax questions for heirs. A recent ruling by the German Federal Court of Justice (BGH) provides clarity on claims for surrender under inheritance contracts, offering greater security when selling such items.
Determining the material value is usually the first step. In March 2026, the price of fine gold (999) was around 138.42 euros per gram. Platinum and palladium also achieved notable values of approximately 57.32 euros and 41.69 euros per gram, respectively.
International investment forms such as the Thai Gold Baht are particularly in demand. A single piece with 96.5% gold content and a weight of about 15.244 grams can reach a purchase value of over 1,690 euros. When shipping to professional buying offices, insured shipping is often free of charge up to 2,500 euros; for higher sums, a special valuables transport is required.
Whether an inherited piece is considered pure melt stock or a collector’s item massively influences its market value. Current sales results from July 2026 clearly demonstrate this: A brooch made of 750 gold with diamonds and emeralds – estimated at a maximum of 3,000 euros – changed hands for 4,700 euros.
Similarly for antiques made of other materials. An experimental vase from the 19th century by glass artist Emile Gallé with silver decorations fetched 2,550 euros. Experts advise: Even seemingly everyday objects like old dishes can fetch high prices from collectors. A professional appraisal before selling is therefore essential.
The German Federal Court of Justice (BGH) made a landmark decision on July 8, 2026 (Case No. IV ZR 256/25). According to this, a mere right of withdrawal clause in an inheritance contract does not exclude the contractual heirs’ claim for surrender against third parties. The prerequisite is that the testator must have made gifts with the intent to impair the heir’s share. The withdrawal must actually have been declared for the binding effect to lapse.
In parallel, a reform of inheritance tax is being discussed in 2026. Currently, the Inheritance Tax and Gift Tax Act allows children tax-free allowances of 400,000 euros every ten years. Financial experts often recommend anticipated succession, especially for real estate or company shares. Instruments such as usufruct or right of residence secure the position of the person transferring the assets.
In addition to financial and legal questions, security during sales is becoming increasingly important. Authorities have been warning of fraudulent schemes for months. As recently as July 2026, unknown individuals gained entry to a senior citizen’s apartment under the pretext of a fur coat business and stole gold jewelry worth a low four-figure amount.
The lesson from this: Sales negotiations belong in a secure environment. Skepticism is warranted for door-to-door sales or spontaneous visits. Lawyers and crime experts recommend established auction houses, certified precious metal dealers, or transparent trading platforms. This significantly minimizes the risk of theft and fraud.