Inheritance Law · Compulsory Portion
Calculate, review and enforce your compulsory portion
Were you disinherited or excluded? As a person entitled to a compulsory portion, you have statutory claims, regardless of what the will says. These claims can be asserted against the heirs.
The compulsory portion amounts to half of the statutory inheritance share. Those who have lost track of the actual estate value or are dependent on incomplete information from the heirs need legal support.
What we review for you
- Who is entitled to a compulsory portion?
- How high is the compulsory portion?
- Obtain information from the heir
- Check supplementary compulsory portion
- Observe the statute of limitations
Review of Your Claims
I review whether and to what extent you are entitled to a compulsory portion: quickly and reliably.
Calculation of the Compulsory Portion
Based on the estate value, I determine your exact compulsory portion claim.
Enforcement of Your Rights
I consistently enforce your claim: out of court or in court.
When is legal help for compulsory portions advisable?
You were passed over in the will
As a child, spouse or registered partner, you have statutory minimum claims: regardless of what the will says.
The heirs refuse to provide information
To calculate your compulsory portion, you have a right to full information about the estate. I enforce this right in court if necessary.
The deceased gave away assets during their lifetime
Gifts in the last 10 years before death can be taken into account in the compulsory portion calculation: the so-called supplementary compulsory portion claim.
Limitation is looming
Compulsory portion claims become time-barred after 3 years. Act in time so your claims are not irretrievably lost.
How does the consultation work?
Initial consultation & analysis
I listen to your situation, ask targeted questions and give you an initial assessment of whether and what claims exist.
Assert right to information
I request complete information about the estate from the heir, in court if necessary.
Calculate compulsory portion
Based on the determined estate value, I calculate your exact claim, including any gifts.
Enforcement
I first attempt an out-of-court settlement. If this fails, I consistently litigate your claim.
Typical mistakes with compulsory portions
- Asserting compulsory portion claims too late or not at all
- Not checking the estate value yourself and relying on the heirs' information
- Disregarding gifts made by the deceased (supplementary compulsory portion)
- Accepting settlement offers without having them legally reviewed
- Missing the 3-year limitation period
Reviewed by attorney Christian Kopitzsch
Attorney for inheritance law in Berlin, over 18 years of experience.
Frequently asked questions about the compulsory portion
How high is the compulsory portion?
The compulsory portion amounts to half of the statutory inheritance share (section 2303 German Civil Code). An example: if the deceased leaves two children and no spouse, each child's statutory share is one half, so the compulsory portion is one quarter of the estate's value. Importantly, the compulsory portion is not a share in the estate itself but a pure monetary claim against the heirs. It does not make you a co-owner of the apartment or a member of the community of heirs.
Who is entitled to a compulsory portion?
Only a narrow group: descendants, meaning children and, if they predeceased, grandchildren, the spouse or registered civil partner, and the deceased's parents, the latter only if there are no descendants (section 2303 German Civil Code). Siblings, nieces, nephews and unmarried partners have no claim, however close they were to the deceased.
When does the claim become time-barred?
After three years (section 195 German Civil Code). The period does not start on the date of death but at the end of the year in which you learned both of the death and of the disposition disinheriting you (section 199(1)). Regardless of what you knew, the claim expires at the latest 30 years after the death.
Are gifts made by the deceased taken into account?
Yes, through the supplementary compulsory portion claim (section 2325 German Civil Code). Gifts made in the last ten years before death are notionally added back to the estate. Their value decreases by one tenth for each full year since the gift: a gift made in the year before death counts in full, one from the ninth year only at one tenth. For gifts to a spouse, the period does not begin until the marriage ends, so the ten-year limit often does not apply there at all.
Am I entitled to information about the estate?
Yes. As a person entitled to a compulsory portion you can demand a complete inventory of the estate from the heir (section 2314 German Civil Code). At your request the inventory must be drawn up by a notary, and the estate bears the cost. Without reliable figures a compulsory portion cannot be quantified, which is why information comes first.
Can the compulsory portion be withdrawn from me?
Only in narrow exceptions that the law lists exhaustively (section 2333 German Civil Code), for instance a serious crime against the deceased or people close to them. Disappointment, family conflict or years without contact are not sufficient. In addition, the reason must be stated specifically in the will.
Have your claim reviewed.
I advise you personally and discreetly, and consistently enforce your compulsory portion.