settlement of compulsory portion claims
hire a lawyer now
Settlement of compulsory portion claims – How to proceed correctly
Are you currently planning your estate and have many people entitled to a statutory share in mind? Or are you already involved in a family dispute because you have been denied your inheritance? If a relative is disinherited by a will or inheritance contract, they still have a claim to a financial share in the inheritance. Even if the legal situation often seems clear, in practice other heirs often refuse to pay out the statutory share. In such cases, it is advisable to consult an experienced inheritance lawyer to enforce your claims. Even if all those entitled to a statutory share agree, a lawyer can help calculate the statutory share based on the estate value and the inheritance quota. Early legal advice when planning your estate is particularly recommended if you have several children or grandchildren or if you want to pass on real estate. This way you can avoid inheritance disputes and ensure that your inheritance passes smoothly to the intended heirs.
Below you will learn more about the components of the statutory share claim, who is entitled to the statutory share and when a waiver may make sense.
Enforce legal claims in just 3 steps
Simple, convenient & fast – we enforce your rights.
commissioning
Give us your mandate easily and conveniently via online form from home.
1lawsuit & trial
We will take care of all the remaining steps for you. Sit back and relax.
2Success
We will successfully enforce your claim and you can enjoy the success immediately.
3beneficiaries of the statutory share
The circle of those entitled to a statutory share is clearly regulated in the German Civil Code (BGB). Those entitled include:
- The children of the testator, including illegitimate and adopted children (stepchildren or foster children are excluded).
- Grandchildren of the testator if the parent (i.e. the testator's child) has already died.
- The parents of the testator, if he or she left no children.
- The spouse and registered life partner of the testator.
The following are not entitled to a statutory share:
Siblings and more distant relatives such as uncles, aunts, nieces and nephews. Even if they may have a legal right of inheritance, they are not entitled to a statutory share.
We will take care of your case – quickly & with commitment.
amount of the compulsory portion
The amount of the statutory share is determined by the so-called statutory share quota. This corresponds to half of the statutory share of the inheritance, i.e. the share that the person entitled to the statutory share would have received without the statutory share.
A distinction is made between two types of compulsory share claims:
Ordinary statutory share claim
This is calculated based on the value of the estate at the time of the inheritance.
claim for additional statutory share
This claim serves to compensate for a reduction in the statutory share claim that arose as a result of gifts made by the testator during his or her lifetime. Gifts made in the last 10 years before the inheritance are relevant. The amount of the claim depends on how long ago the gift was made.
Pay out the statutory share
The statutory share is usually only paid out after the death of the testator. As a person entitled to the statutory share, you must claim your entitlement from the heirs.
Important note: Limitation period of 3 years!
The deadline for asserting the legal right to a statutory share is 3 years. It begins at the end of the year in which the claim arose and you learned of the inheritance.
calculation of the compulsory portion
The calculation of the statutory share is the responsibility of the beneficiary. They must determine the total value of the estate, with all assets and liabilities listed in the estate inventory.
When it makes sense to waive the statutory share
If it is foreseeable that problems or conflicts could arise with the payment of the statutory portion, it may be sensible to agree to a waiver of the statutory portion while the testator is still alive. Such a waiver could be an option, for example, if the spouse had to sell the shared house in order to pay out the statutory portion.
Depending on the family situation, the waiver may be linked to a consideration that serves as compensation.
Important NOTE:
In order for the waiver to be legally effective, it must be notarized. A waiver can only be declared during the testator's lifetime, not after his death.
An heir refuses to pay out – these options are available to you!
If an heir cannot pay out the statutory share immediately for financial reasons, the claim is often deferred.
However, if the heir refuses to pay the statutory share, you have the option of taking legal action. An inheritance law attorney can send the heir a reminder to pay. If this is unsuccessful, you can also assert your claim directly in court.
We help you with the compulsory portion claim
In many families, things do not always run smoothly, and not everyone entitled to a statutory share receives the share to which they are legally entitled. As experienced lawyers for inheritance law, we are on hand to help you in advance, before a conflict arises. We support you in drawing up and checking the estate inventory and in calculating your statutory share claim. If an heir refuses to pay out the statutory share, we will represent you in court and provide legally sound evidence. We will also advise you when you are planning your estate. A well-thought-out estate plan is particularly important when there are many entitled to a statutory share or indivisible assets.
Have you been denied your statutory share? Are you planning your estate?
Get advice and support from an inheritance law attorney!
Professional advice & support
We offer you professional and comprehensive initial advice in the area of inheritance law. Take your chance and avoid mistakes.
English 
German 
Dutch