Imagine this: A close relative passes away – and in the will, you discover that you are to receive nothing. For many, this is a shock, because in addition to the emotional burden, questions immediately arise: “Is that even possible? Don’t I still have a claim?”
The good news: In Germany, the law protects close relatives through the so-called compulsory share. This claim ensures that certain family members receive a portion of the estate even if they were not considered in the will or were explicitly disinherited.
Who is Entitled to the Compulsory Share?
The compulsory share is generally due to the closest relatives:
- Spouses or registered civil partners,
- Children (including adopted or illegitimate children),
- in certain cases, also the deceased’s parents.
Other relatives – such as siblings or grandchildren, if the children are still alive – generally have no claim to a compulsory share.
How much is the Compulsory Share?
The compulsory share amounts to half of the statutory inheritance portion. This means: For example, if you would have inherited a quarter of the estate without a will, in the event of disinheritance, you are still entitled to half of that – i.e., an eighth. The compulsory share is not paid out in the form of estate assets (e.g., house, car, jewelry), but always in money.
How to Assert the Compulsory Share?
Important to know: The compulsory share is not paid out automatically. It must be actively claimed. This involves the following steps:
- Contacting the Heirs – The claim is directed directly against the appointed heirs.
- Requesting Information – Those entitled to a compulsory share have the right to receive a detailed inventory of the estate to determine its value.
- Calculation and Negotiation – Based on the value of the estate, the amount of the compulsory share is determined. Professional support is often helpful to avoid being overlooked or underpaid.
- Enforcement – If the heirs refuse to pay, the compulsory share can be enforced through legal action.
Why Legal Assistance is Advisable
Asserting a compulsory share often involves emotions, but also legal pitfalls. Even small errors – for example, regarding deadlines or in communication with the heirs – can lead to claims being lost. An experienced inheritance lawyer will help you enforce your rights quickly and fully.
Conclusion
Being disinherited does not mean being left empty-handed. The compulsory share claim is your legally enshrined right to a fair portion. Do not hesitate to assert it – preferably with professional support, so that you receive what is rightfully yours. Please feel free to contact me.
