Right to a compulsory portion

German inheritance law guarantees the respective spouse, all descendants and, if there are no descendants, the parents of the deceased, a minimum share in the deceased's estate, the so-called compulsory portion.

As a result, the spouse, the descendants and, if applicable, the parents - if they so wish and assert the corresponding claim - almost always receive something from the deceased's estate, even if they are expressly disinherited in a will.

The right to a compulsory portion is a pure cash payment claim that must be fulfilled by the heir or heirs. The claim to a compulsory portion arises in the amount of half of the statutory inheritance share. Its exact amount depends on many factors, such as the number of descendants, the presence of a spouse, etc.

Only in very few cases is it possible to withdraw the compulsory portion from the person entitled to the compulsory portion or is there an ineligibility for a compulsory portion.

What can be done in advance to exclude the assertion of the compulsory portion or to make it less likely and how a specific claim to a compulsory portion can be enforced or defended against must be clarified in each individual case through appropriate advice.

The above explanation is intended to provide an initial insight into the topic of compulsory portions. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we are always available for an initial consultation. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 09.06.2023