Supplement to the compulsory share: when the testator gave gifts during their lifetime

Anyone who is disinherited often has a compulsory share. Some testators try to reduce it through gifts during their lifetime. The compulsory-share supplement claim protects against this: certain gifts from the last years are added back to the estate for the calculation.

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If the testator gave away assets within ten years before death, the person entitled to a compulsory share can demand a supplement: the gift is notionally added back to the estate (§ 2325 BGB).

The gift is tapered over ten years: per year since the gift, one tenth less is considered. For gifts to the spouse, the period often begins only with the dissolution of the marriage.

What you should do now

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1. Identify gifts
Get an overview of the testator's gifts in the last ten years (real estate, money, valuables).
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2. Demand information
As a person entitled to a compulsory share, you can demand information from the heir about the estate and about supplement-relevant gifts.
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3. Consider the tapering
Credit the gift proportionally depending on the time elapsed (one tenth less per full year).
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4. Assert the claim
Assert the compulsory-share and supplement claim in writing. Note the limitation period (generally three years from knowledge).

How to spot the scam

Shortly before death, assets were transferred to third parties.
The heir refuses to provide information about gifts.
The limitation period for the compulsory share is running.

Frequently asked questions

What is the compulsory-share supplement claim?

A claim that prevents the compulsory share from being hollowed out through gifts during the lifetime. Gifts from the last ten years are notionally added back to the estate for the calculation (§ 2325 BGB).

How does the 10-year period work?

The gift is tapered over ten years: in the first year fully, thereafter one tenth less per full year. After ten years it is in principle disregarded. For gifts to the spouse, the period often begins only with the dissolution of the marriage.

How do I get the necessary information?

As a person entitled to a compulsory share, you have a claim against the heir for information about the composition of the estate and about supplement-relevant gifts. Assert the claim early and note the limitation period.

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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.