Questão jurídica principal
Whether the free passage benefit from overobligatory occupational pension assets belongs to the estate or is subject to reduction
Decisão extraída
Free passage benefits do not fall into the estate and are not subject to inheritance reduction, including the part originating from overobligatory pension coverage.
Fundamentação extraída
The court treated overobligatory occupational pension similarly to obligatory pension: the entitlement arises from a private-law pension contract and is acquired iure proprio, not iure hereditatis. Art. 15 FZV is a valid special rule based on Art. 26 FZG and prevails over general inheritance law.