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Emergency

Compulsory portion: demanding information about the estate

Anyone who has been disinherited but is entitled to a compulsory portion has a claim to a sum of money amounting to half the statutory share of the inheritance. To calculate it, you need to know the value of the estate. For this there is a claim to information against the heirs.

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Your chances of getting your money back

Persons entitled to a compulsory portion can demand from the heirs information about the composition of the estate, generally through an estate inventory (§ 2314 BGB). On request, the inventory can also be drawn up by a notary.
With the information, the compulsory portion can be calculated. Earlier gifts by the testator can also increase the claim through the supplementary compulsory portion.

What you should do now

  1. 1

    1. Check your entitlement

    Clarify whether you are entitled to a compulsory portion (e.g. child, spouse, parents).

  2. 2

    2. Demand information

    Demand an estate inventory from the heirs and set a deadline.

  3. 3

    3. Determine the value

    Calculate the compulsory portion from the inventory; take gifts into account.

  4. 4

    4. Assert the claim

    Claim the compulsory portion in money; observe the limitation.

How to spot the scam

  • The heirs provide no inventory or an incomplete one.
  • Earlier gifts are concealed.
  • The limitation period for the compulsory portion elapses.

Frequently asked questions

What information can I demand as a person entitled to a compulsory portion?

You can demand from the heirs an inventory of the composition of the estate (§ 2314 BGB) and, if you wish, that a notary draws it up. This includes assets, debts, and generally also details of gifts subject to supplementation.

How high is my compulsory portion?

The compulsory portion amounts to half the value of the statutory share of the inheritance and is a monetary claim. The exact amount depends on the inheritance quota and the value of the estate. That is why information about the estate is so important.

Do gifts increase my compulsory portion?

Yes, that is possible. Gifts by the testator in the years before death can be taken into account through the supplementary compulsory portion claim, so that the claim increases. Depending on the time of the gift, it is included in whole or in part.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.