⚖️ Compulsory portion: minimum share for close relatives
In brief
The compulsory portion is a claim to money. It applies to children, spouses and, in some circumstances, parents of the deceased. They receive it if they were excluded from the inheritance by a will.
The compulsory portion is half of what you would have inherited under the law.
The claim is directed against the heirs, not against the estate as a whole. You receive money, not a share of items.
The claim is subject to a limitation period. The standard period is three years.
Step by step
- Check entitlementAre you a child, spouse or, where applicable, parent, and excluded by a will?
- Work out the statutory shareThe compulsory portion is half of it.
- Request information about the estateWithout knowing the estate, the claim cannot be quantified. Get legal advice.
- Observe the deadlineAssert the claim in writing; keep an eye on the limitation period.
Deadlines
- The claim arises on death (§ 2317 BGB). It is inheritable and transferable.
- Anyone who inherits but receives less than the compulsory portion may have claims. This is not covered here.
- A person entitled to a compulsory portion who is burdened with restrictions can disclaim and claim the compulsory portion (§ 2306 BGB). Deadlines run in this case.
- Whether the three-year period applies in an individual case depends on knowledge and the date of death. Get expert advice.
In depth · legal basis, figures and practice – for advisers and professionals
Who is entitled
§ 2303 BGB: a descendant of the testator who is excluded from succession by a disposition upon death can demand the compulsory portion from the heir. The same applies to the testator's parents and spouse if they are excluded by a disposition upon death. The compulsory portion is half of the value of the statutory share. The subordinate ranking and details concerning parents (§ 2309 BGB) are not checked here.
Arising and limitation
§ 2317 BGB: the claim arises on death and is inheritable and transferable. The standard period of three years applies to limitation (§ 195 BGB); under § 199 Abs. 1 BGB it starts at the end of the year in which the claim arose and the creditor learned of the circumstances or should have learned of them without gross negligence. § 2332 BGB provides that, for the claim against a donee under § 2329 BGB, limitation starts on death. Under § 199 Abs. 3a BGB, claims based on a death become time-barred 30 years after they arise, regardless of knowledge. § 2332 Abs. 2 BGB presupposes limitation of the compulsory portion claim against the heir.
Example without figures
If a child would inherit half under statutory succession, its compulsory portion is one quarter of the value of the estate. This is an illustration of the calculation, not information on an individual case.
Not checked
Withdrawal of the compulsory portion, set-off of gifts, deferral and the claim to information.
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