Assertion and defence of compulsory share claims
Anyone excluded from succession by a will often has a claim to a compulsory portion as a close relative. For heirs, this can mean a considerable financial burden. We represent those entitled to a compulsory portion as well as heirs, and clarify claims objectively and transparently.
The key points at a glance
Entitled persons and amount
Those entitled to a compulsory portion are descendants, the spouse or registered civil partner and, where there are no descendants, the deceased’s parents (§ 2303 BGB). The compulsory portion amounts to half the value of the statutory share of the inheritance. It is a monetary claim against the heir, not a share in the estate.
Information about the estate
A person entitled to a compulsory portion may demand information from the heir about the assets of the estate, including by way of a notarial inventory, as well as a valuation. The information also covers gifts made during the deceased’s lifetime.
Supplementary compulsory portion
If the deceased made gifts during their lifetime, there may be a claim to supplement the compulsory share (§ 2325 BGB). The longer ago a gift was made, the less it counts: for each year after the gift, its value is reduced by one tenth, and after ten years it is disregarded altogether. For gifts to a spouse, this period does not begin before the marriage has ended.
Limitation
Compulsory share claims become time-barred after three years. The limitation period begins at the end of the year in which the entitled person learned of the succession and of the disposition that adversely affects them.
How we proceed
We establish whether a right to a compulsory share exists and what proportion applies, or, acting for the heirs, we examine whether a claim that has been asserted is justified.
We request information about the estate or, for heirs, prepare the inventory of the estate and resolve valuation issues, particularly regarding real estate and business interests.
We negotiate the amount and the terms of payment and, where necessary, pursue claims in court or defend against unjustified demands.
Frequently asked questions
Can the compulsory share be excluded by a will?
Only in very narrowly defined statutory exceptions, for example in the case of serious misconduct towards the deceased. A voluntary waiver of the compulsory share, on the other hand, is possible, but it must be notarially recorded.
Does the compulsory share have to be paid immediately?
The claim arises upon the succession and is, in principle, due immediately. If immediate payment would cause the heir undue hardship, for example because they would have to sell the family home, the probate court may defer the claim on application.
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