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 (§ 2332 BGB). Act in time – a missed deadline means the permanent loss of your claim.