enforce the statutory share claim
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Legal right to a statutory share – enforce your rights
Have you never received your statutory share? Do you have to argue with the other heirs about every single payment? Do you feel unfairly treated because you are even being denied your statutory share? If your statutory share is withheld from you, we as experts in inheritance law understand that you rightly feel disadvantaged. The statutory share amounts to 50% of the statutory inheritance share - which makes it all the more important that you claim your rights. We know how you can successfully assert your claim and get your well-deserved rights.
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.
3How to enforce your statutory share
In order to successfully enforce your statutory share, there are some important aspects that you should consider.
The statutory share does not automatically accrue to you, but must be actively claimed by you. In the event of a dispute or if your claim is not recognized, it may be necessary to enforce the statutory share in court. You are entitled to a statutory share of 50 percent of the statutory inheritance. This primarily affects those entitled to a statutory share, which includes your own, illegitimate or adopted children, spouses and parents. It is important to know that you cannot be fully or partially disinherited by a will or inheritance contract if you are registered as a person entitled to a statutory share. Likewise, you may not refuse the inheritance in order not to lose your claim.
In special cases, disinheritance is possible for serious reasons, such as an attempt to endanger the life of the testator, a serious breach of duty or a sentence of imprisonment of at least one year. But even then, your statutory share remains, unless the testator was able to effectively disinherit you in a will or inheritance contract.
Another important point is the statute of limitations on your legal share claim. As a rule, the claim expires within 3 years from the time you become aware of the inheritance. However, if you were unaware of the inheritance, the statute of limitations is up to 30 years. In certain cases, such as a gift from the testator to close relatives within the last 10 years before the inheritance, you can assert a legal share supplement claim, which increases the legal share. You also have the right to request information from the heir about the extent of the inheritance in order to find out how your legal share is calculated.
If the will or inheritance contract is contestable, you can contest your disinheritance. In this case, the will will be declared invalid and you will receive the full legal inheritance.
The court responsible for enforcing your claim is usually the regional court. However, if the value in dispute is less than EUR 5,000, local courts may also be responsible. The court may be responsible for either the heir's or the testator's judicial district. From the regional court onwards, you must be represented by a lawyer in order to enforce your claims.
We will take care of your case – quickly & with commitment.
How we help you
Together we will enforce your legal right to a statutory share. With our many years of experience in inheritance law, we advise and represent you from the first assertion through to the court case. We request information from the heirs about the extent of the inheritance and enforce your claim. In close cooperation with you, we will check whether it makes sense to contest the will or inheritance contract and strive to reach an agreement with the other party. Our goal is to find an amicable solution that protects your rights and claims.
As soon as you commission us with your case, we will take over all correspondence with the heirs and the relevant courts, in particular the probate court. We will provide you with transparent information in advance about the expected legal and court costs as well as your possible statutory share claims or statutory share supplement claims, so that you know exactly what to expect.
Professional advice & support
We offer you professional and comprehensive initial advice in the area of inheritance law. Take your chance and avoid mistakes.
