"Do siblings have a right to the compulsory portion?", this question has two meanings, and we answer both: the siblings of the deceased on the one hand, and children who are siblings to each other on the other.
Siblings of the deceased have no compulsory portion
The law strictly limits the circle of those entitled. Only children, the spouse or registered partner and, if there are no children, the parents of the deceased are entitled. Brothers and sisters of the deceased are not included.
- Entitled: children (also grandchildren in their place), spouse, parents
- Not entitled: siblings, nieces, nephews, more distant relatives
When do siblings inherit at all?
Siblings can be statutory heirs of the second order, but only if the deceased leaves no children or grandchildren and the parents are already deceased. If a will excludes them, they have no compulsory portion as a fallback.
Compulsory portion among siblings (as children of the deceased)
Often "compulsory portion siblings" means something else: parents leave several children but favour only one, for example through a will making one child the sole heir. The other children are then disinherited. As children are entitled, the passed-over siblings can assert their compulsory portion against the favoured sibling.
Example: The mother appoints one of three children as sole heir. The other two are disinherited and can each demand their compulsory portion: half of their statutory share of ⅓ each, i.e. ⅙ of the estate each.
⚠️ The compulsory portion claim generally expires after 3 years from knowledge of the inheritance and disinheritance.
Were you passed over as heir by a sibling? Here is how to enforce your compulsory portion.
Frequently asked questions
Do the deceased's siblings have a compulsory portion?
No. § 2303 BGB lists descendants, parents and the spouse or civil partner exhaustively. Siblings are not included and have no claim against a will that passes them over.
How much is my share if there are three of us?
With three children and no surviving spouse the statutory share is one third each, so the compulsory portion is one sixth of the estate each. A surviving parent reduces this, depending on the matrimonial property regime.
My brother is sole heir and gives no information, what can I do?
As heir he is obliged to provide information under § 2314 BGB. You can demand a notarial inventory in which the notary investigates independently, and enforce the claim in stages before the courts.