Right to a compulsory portion

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The compulsory portion is a legal claim that prevents certain persons from being excluded from the testator's estate. These include the testator's descendants (children and children's children), parents and spouse if they have been disadvantaged or disinherited by a will. The compulsory portion is a claim for payment of a sum of money. The amount of the compulsory portion is based on half of the statutory inheritance. Those entitled to a compulsory portion are therefore entitled to half of the amount that they would have received if the testator had not made a will. If applicable, a disinherited spouse may also be entitled to equalization of accrued gains. The heir must provide information about the testator's estate and gifts and must pay a sum of money to the person entitled to a compulsory portion. The compulsory portion can only be avoided or withdrawn in rare cases, for example by means of a notarial agreement or in the event of serious misconduct on the part of the beneficiary.

We will be happy to advise you on your compulsory portion claims or on the possibilities of avoiding their creation through lifetime gifts.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.