What is the compulsory portion?
The compulsory portion (Pflichtteil) is a legally guaranteed minimum share of the inheritance. It is owed to certain relatives even if they have been completely disinherited by a will. The purpose of compulsory portion law is to protect close family members from total disinheritance. The claim is directed against the designated heirs and must be paid exclusively in cash, not in assets or real estate.
Who is entitled to a compulsory portion?
- Children of the deceased (biological and adopted)
- Spouse or registered civil partner
- Parents of the deceased, only if no children exist
How is the compulsory portion calculated?
Compulsory portion = ½ × statutory inheritance share × estate value (minus debts and liabilities)
Example: A deceased person leaves two children and an estate worth €300,000. Each child's statutory inheritance share is ½ = €150,000. The compulsory portion is therefore ¼ = €75,000 per child.
⚠️ Estate liabilities (debts, funeral costs, care costs) are deducted from the estate value before the compulsory portion is calculated.
When does the compulsory portion claim expire?
The compulsory portion claim generally expires after 3 years. The period begins at the end of the year in which you became aware of the inheritance and your disinheritance (§§ 195, 199 (1) BGB). Act in time, a missed deadline means the permanent loss of your claim.
Frequently asked questions
How large is the compulsory portion?
Half of the statutory share of the estate (§ 2303 BGB), payable in money. You do not become a co-heir and cannot demand specific assets.
Are debts deducted?
Yes. The net estate at the date of death is decisive (§ 2311 BGB), including the deceased's debts, funeral costs and the cost of administering the estate.
How do I obtain the figures?
Through the right to information under § 2314 BGB. You can demand a full inventory of the estate and, on request, a notarial inventory in which the notary investigates independently.
Do gifts made more than ten years ago still count?
The share taken into account falls by one tenth for each full year (§ 2325 para. 3 BGB) and drops out entirely after ten years. Gifts between spouses are an exception: the period only starts when the marriage ends.