The compulsory portion is a valuable claim – but it cannot be enforced indefinitely. Anyone who lets the limitation period lapse loses their money for good. Here you learn when the compulsory portion expires and how to safeguard the deadline.
When does the compulsory portion expire?
The compulsory portion claim is subject to the standard limitation period of 3 years. What matters is not the date of death but your knowledge: the period begins at the end of the year in which you learned of the inheritance and of the disposition disadvantaging you (i.e. your disinheritance).
Example: You learn of the death and your disinheritance in March 2026. The 3-year period begins on 31 December 2026 and ends on 31 December 2029.
The absolute maximum of 30 years
Regardless of your knowledge, the compulsory portion claim expires at the latest 30 years after the inheritance. This absolute limit mainly applies when an entitled person learns of the inheritance only after a long time.
How to safeguard the deadline
- Assert the right to information early: request an estate inventory promptly.
- Register the claim in writing and verifiably.
- If the deadline is approaching: suspend limitation through negotiations or file a claim.
- Do not rely on vague promises by the heirs – only concrete measures suspend limitation.
⚠️ A mere demand for payment does not suspend limitation permanently. It is reliably suspended, among other things, by serious negotiations or filing a lawsuit.
Unsure whether your deadline is still running? Have your compulsory portion claim reviewed.