The conversation with the legal expenses insurer is usually brief. They say that inheritance law isn’t covered, and even if it is, it’s limited to a consultation. Anyone who doesn’t have a policy at all soon finds themselves asking the same question. How much does it cost to claim the statutory share, and is it even feasible?
In practice, this question often determines the outcome more than the law itself. Not because the claims are weak, but because many entitled parties do not even get started. They factor in the costs of a solicitor, court proceedings and expert reports, arrive at a figure they cannot afford, and shelve the matter.
The answer to the question of legal protection is sobering, yet it is not the end of the story. The process of claiming a compulsory share has a peculiarity that hardly anyone is aware of. The initial steps cost almost nothing, and part of the cost is even covered by the estate. It only becomes expensive once it starts to take effect. Anyone who knows where that point lies can prepare for it, rather than giving up at that stage.
Key points at a glance
- Disputes relating to inheritance law are excluded from legal expenses cover under standard insurance terms and conditions. In most cases, only advisory legal expenses cover is provided, which covers legal advice but ends where enforcement proceedings begin.
- If the solicitor takes any action beyond the consultation, the model terms and conditions stipulate that no costs will be reimbursed at all, not even for the consultation itself. Other sets of terms and conditions cover up to 1,000 euros, so it is important to check your own policy.
- As a general rule, a policy taken out only after a death has occurred is of no help under inheritance law. In this context, the insured event is linked to the occurrence that altered your legal position, and that is the opening of the succession.
- You may request an inventory of the estate – which may be notarised if you wish – and an assessment of the value of individual items. These costs are to be borne by the estate (Section 2314(2) of the German Civil Code (BGB)).
- Legal aid covers more than the name suggests; it also includes out-of-court representation (Section 2(1) of the Legal Aid Act), with a personal contribution of 15 euros. It ceases as soon as the case goes to court. Without legal advice assistance, the initial consultation is capped at 190 euros net (Section 34 of the Lawyers’ Fees Act (RVG)).
- As lawyers’ fees and court costs are based on the value of the claim, the financial risk increases in line with the amount claimed. For a claim of 100,000 euros, the costs in the first instance amount to around 14,000 euros.
- It is precisely the typical cases involving a compulsory share that are the most contentious. A property in the estate, a ‘Berlin will’ containing a penalty clause, or a community of heirs all involve substantial sums, and as these increase, so too do the resistance and the risk of costs.
- There are solutions available for the costly part of the process that do not require you to have a fortune of your own. If you wish to pursue the claim yourself, only litigation funding covers the risk of having to pay the other party’s costs should you lose the case.
- The limitation period continues to run, even if the money is missing. A letter of claim does not, in itself, suspend it.
Why legal expenses insurance is rarely of any help in inheritance law
Ironically, it is precisely where the largest sums are at stake that insurance cover is at its thinnest. The reason is simple. A dispute over an inheritance is largely foreseeable, and anyone who sees it coming could take out insurance shortly beforehand. Insurers counter this with restrictive clauses.
Inheritance law is excluded from basic protection
The standard terms and conditions, which most insurers use as a basis, exclude disputes relating to family law, civil partnership law and inheritance law from the scope of cover. The only type of cover expressly excluded from this exclusion is advisory legal protection. There is therefore normally no cover for legal representation in a dispute concerning a compulsory share.
Some insurers now offer genuine inheritance law cover as an optional add-on in their more expensive policies, which also includes legal representation. It is worth taking a closer look, but you should focus on the maximum sum insured rather than the advertising claims. In the case of inheritance law, a separate limit applies, usually in the range of 5,000 to 10,000 euros, and thus far below the sum insured stated on the cover page. With some providers, this amount even applies only once for the entire duration of the policy. In a dispute over a six-figure compulsory share, it would be exhausted after the first instance.
Legal advice and legal protection end where it all begins
What most policies under inheritance law actually cover is legal advice protection. It covers advice or information provided by a solicitor – nothing more. No requests for information, no negotiations, no legal proceedings.
The crucial sentence usually follows immediately afterwards and is rarely read. If the solicitor takes any further action beyond this, no costs will be reimbursed under the model terms and conditions. This is not a retrospective penalty; it is simply how the service is structured. The cover is for advice only, and as soon as the solicitor goes beyond this, the cover no longer applies, not even for the consultation itself. Anyone who asks their solicitor, during the same appointment, to register the statutory share with the heirs may thereby forfeit the entire reimbursement.
Some insurers go a step further for the benefit of their customers and also cover the costs of out-of-court proceedings. Depending on the terms and conditions, the amounts involved range from around 250 to 1,000 euros. This covers a letter from a solicitor, not a legal dispute. What applies in your case is set out in your policy terms and conditions, not in the brochure.
A policy taken out after the death is too late
The obvious idea of taking out insurance quickly at this stage almost always comes to nothing. Only incidents that occur after the policy has come into effect are covered. In inheritance law, the insured event is not linked to a dispute, but to the event that altered your legal situation; in some policy terms and conditions, it is linked to the event that first triggered the need for advice. Both of these are already in the past by the time you sign the policy.
The same applies to extended inheritance protection. Here, too, the relevant point in time, in accordance with standard conditions, is the opening of the succession, not the heirs’ subsequent refusal to pay. Some providers impose waiting periods of up to twelve months, which in most cases are then no longer relevant.
Four key points to look out for in your own policy
Firstly, which cover option has actually been agreed? In the terms and conditions, the keywords ‘legal advice and legal protection’ and ‘family law, civil partnership law and inheritance law’ will lead you to the relevant section. That section will state whether you are covered for advice only or for more.
Secondly, what is the maximum sum insured under the inheritance cover? This is often set out in a completely different section to the policy details, and the sum insured stated on the front page is not the relevant figure.
Thirdly, a confirmation of cover must be obtained before instructing a solicitor. Once given, such a confirmation is largely binding on the insurer; thereafter, the insurer may only raise objections of which it could not have been aware beforehand. However, it applies only to the specific step for which it was requested. A new authorisation is required before any legal action is taken and before any appeal is lodged.
Fourthly, in the event of a refusal, the grounds for the refusal will determine how to proceed. If the insurer bases its decision on the grounds that the matter has no reasonable prospect of success or is unnecessary, it must draw attention to a special review procedure (Section 128 of the Insurance Contract Act (VVG)). The details of this are set out in your policy conditions. In the event of a tie, your own solicitor will issue a reasoned opinion. This is binding on both parties, provided it does not manifestly deviate significantly from the actual facts and legal position, and the costs are borne by the insurer. In the case of an arbitration procedure, a neutral lawyer decides instead; the outcome is then binding only on the insurer, and the allocation of costs depends on the outcome. If no reference is made to this procedure, your need for legal protection is deemed to be recognised by law.
If, on the other hand, the insurer invokes an exclusion or cites the date on which the insured event occurred, this procedure will not be successful. In that case, your options are the Insurance Ombudsman – whose service is free of charge – and, if necessary, an action to enforce your right to a compulsory share. An ombudsman procedure suspends the limitation period in relation to the insurer. It does not suspend your claim to a compulsory share against the heirs.
The costs, step by step
The compulsory share is purely a monetary claim against the heirs. It amounts to half the value of the statutory share of the estate (Section 2303 of the German Civil Code (BGB)) and does not confer any interest in the estate itself. Those entitled are the children, or in their place the grandchildren, the spouse or registered civil partner, and the parents. Grandchildren and parents are only entitled to the compulsory portion if no closer descendant can claim it or accepts the inheritance left to them (Section 2309 of the German Civil Code (BGB)). In the case of the spouse, the statutory share of the inheritance also depends on the matrimonial property regime, which can significantly alter the calculation.
The first few steps cost next to nothing
The probate court opens an existing will and notifies the parties concerned, including those who have been disinherited. However, you will only be informed of the part that concerns you (Section 348 FamFG); you will not necessarily be informed of the entire will, nor will you necessarily be told who has become an heir. You can obtain both of these from the case file. Anyone who can demonstrate a legal interest is entitled to inspect an opened will (§ 357 FamFG), and this is usually the case for a person entitled to a compulsory share. The court registry will then issue copies at your expense. The court does not do anything more than this. It does not calculate your compulsory share, nor does it pay it out.
You can submit the claim yourself, in writing, to the heirs. This costs the price of a stamp. Such a letter does not, in itself, suspend the limitation period; more on that in a moment. Furthermore, within the first three months of accepting the inheritance, the heirs may invoke their right to withhold payment for the time being (Section 2014 of the German Civil Code (BGB)). This is a defence which they must expressly raise, and it ceases to apply as soon as the heir has drawn up an inventory before the probate court. This is distinct from the estate inventory which you are entitled to request. The heirs are obliged to provide this information regardless, and according to the prevailing view, the defence has no effect on the delay.
What the estate pays for
In order to be able to quantify your claim, you will need a valuation of the estate. You do not have to pay for this valuation yourself.
You may request that the heirs provide an inventory of the estate’s assets and insist that a solicitor draw it up. The solicitor must not then limit themselves to the information provided by the heirs, but must carry out their own enquiries. The extent of this investigation depends on the circumstances. Without specific evidence, the notary is not obliged to search in all directions or to track down unknown accounts. Anyone who suspects the existence of certain assets, such as a gift or a securities account, should therefore inform the notary of this at an early stage, providing a reasoned explanation.
Similarly, you may request that the value of individual items be determined; in the case of a property, this is usually done by means of an expert valuation. Depending on the estate, both of these may cost anywhere from a few hundred to several thousand euros, and both are charged to the estate (Section 2314(2) of the German Civil Code (BGB)). However, the valuer is commissioned by the heir, and you can neither dictate who the valuer should be nor demand a publicly appointed and sworn valuer. Anyone who does not trust the result and obtains their own valuation must pay for it themselves. Furthermore, every expenditure from the estate reduces its value and, consequently, your share of the estate. In most cases, this is still money well spent, as a robust valuation improves your negotiating position more than the cost of the valuation itself.
Where legal aid goes further than many people realise
Anyone on a low income with no significant assets can obtain a certificate of eligibility for legal advice from the local magistrates’ court. The contribution required is 15 euros, and the solicitor may waive this fee. In Bremen and Hamburg, the public legal advice service takes over from this point; in Berlin, you have the choice.
What matters is what lies behind it. Legal advice assistance consists not only of advice, but also of representation, insofar as this is necessary (Section 2(1) of the Legal Advice Assistance Act (BerHG)). A solicitor can therefore write to the heirs, claim the statutory share, request information and negotiate, and they are reimbursed for this by the state treasury. As soon as the matter goes to court, legal advice assistance ends – not just when a claim is filed, but as soon as a payment order is issued. This is where legal aid comes in.
This is an important point to bear in mind. If the representation is successful and the statutory share is paid out, the solicitor may apply to have the authorisation revoked because you have gained something as a result of their work (Section 6a of the German Solicitors’ Fees Act (BerHG)). In that case, they will invoice you in the usual way in accordance with the standard fee rates. He must draw your attention to this possibility in writing when accepting the case, and you can ask about it during the initial consultation.
When does it start to get expensive?
Anyone who is not eligible for legal aid pays a maximum of 190 euros net for the initial consultation; including out-of-pocket expenses and VAT, this amounts to around 250 euros. A solicitor may not charge more than this for an initial consultation with a consumer unless a specific agreement has been made (Section 34 of the German Lawyers’ Fees Act (RVG)). Many law firms charge less or offset the amount against future fees.
It is only then that the cost becomes noticeable. From the moment a solicitor moves beyond simply advising you and begins to represent you, the fees are based on the value of the claim, i.e. the amount you are claiming. For a claim of 100,000 euros, out-of-court representation costs around 2,740 euros. If the case goes to court, the courts charge just under 3,600 euros in court fees in advance and usually only serve the claim afterwards. If the case proceeds to a judgement, each side incurs around 5,250 euros in legal fees. The losing party ultimately bears both these costs, together with the court costs (Section 91 of the German Code of Civil Procedure (ZPO)). However, in proceedings concerning the compulsory share, a partial victory is more common than a clear victory; in such cases, each party bears the costs in proportion to the extent to which they have lost (Section 92 ZPO).
The total risk at first instance is therefore around 14,000 euros. If the case goes to appeal, the total cost across both instances amounts to just over 30,000 euros. Representing oneself only solves the problem in cases involving small sums. Since 1 January 2026, local courts have had jurisdiction over claims up to 10,000 euros; for amounts above that, the regional court has jurisdiction, and both parties must be represented by a solicitor there (Section 78 of the Code of Civil Procedure).
| Step | How much it costs | Who wears it |
|---|---|---|
| Notice from the probate court, access to the probate file | Fees for copies, nothing else | You |
| Register a claim with the heirs | Porto | You |
| Inventory of the estate, notarised on request | depending on the estate, anywhere from a few hundred to several thousand euros | the estate (Section 2314(2) of the German Civil Code (BGB)) |
| Valuation, such as a valuation report for a property | usually in the four-digit range | the estate (Section 2314(2) of the German Civil Code (BGB)) |
| Advice and out-of-court representation with legal aid | 15 euros to pay yourself | the State Treasury |
| Initial legal consultation without legal aid | a maximum of 190 euros net (Section 34 of the RVG) | You |
| Out-of-court representation, example: 100,000 euros | around 2,740 euros | Firstly, you; in the event of default by the heirs, this is often recoverable |
| Claim at first instance, example: 100,000 euros | total risk of around 14,000 euros | consequently, the unsuccessful party (Sections 91 and 92 of the Code of Civil Procedure) |
The amounts are indicative figures based on the standard fees. They will be higher in cases involving above-average effort or where an additional settlement fee is payable, and lower if the out-of-court fee is set off against the costs of the proceedings. The costs of a court-appointed expert are not included. If there is a dispute over the value of a property, this will typically add several thousand euros, which are also borne by the losing party.
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Why things get expensive where there’s something to be had
This list suggests a conclusion that is misleading. Just because the first steps cost little does not mean that the whole process will remain inexpensive. It means that the inexpensive steps and the effective steps are not the same. A request for information costs nothing and does not put any money into your account. Money only changes hands when someone pays, and the person who is expected to pay is someone who would rather keep their money.
The extent of this resistance depends less on the character of those involved than on the structure of the estate. Three scenarios account for the majority of contentious cases.
The most common example is property. The assets are tied up in the house, the heir has no cash, and yet the compulsory share is due immediately. He must therefore take out a loan, sell the property or pay from his own funds, and none of these options makes him willing to cooperate. Apart from the three-month defence, they can only request a deferral in very limited exceptional cases, such as where immediate payment would force them to give up the family home in which they live (Section 2331a of the German Civil Code (BGB)). Furthermore, the value of a property is highly open to dispute. Location, condition, the need for renovation, a registered right of residence – the difference between a conservative and a generous valuation can easily amount to fifteen per cent. For a house worth 600,000 euros, that represents a difference of 90,000 euros in the value of the estate. For a single child who, in the absence of a will, would have inherited everything from the widowed parent, the statutory share amounts to half the estate. This valuation difference alone therefore gives rise to a dispute over 45,000 euros, and for the other party, it is well worth persevering.
The second scenario is the ‘Berlin will’. Spouses appoint each other as sole heirs; the children are only to inherit after the second spouse’s death. In the event of the first spouse’s death, the children are therefore disinherited but are entitled to a compulsory share. Many of these wills also contain a penalty clause relating to the statutory share. This does not affect the current entitlement; its effect is deferred. Anyone who claims their statutory share in the first instance of inheritance will, even after the death of the second parent, receive only the statutory share rather than a share of the estate. Furthermore, the claim is directed against the surviving parent. A legal issue thus becomes a family matter, and the combination of the two often results in nothing happening at all.
The third is the community of heirs. Several heirs, differing interests, and no one feels responsible. Legally, the heirs are jointly and severally liable for the compulsory share (Section 2058 of the German Civil Code (BGB)). As long as the estate has not been divided, this liability is limited, as each co-heir may refuse to pay from their private assets to the extent that the payment exceeds their own share (Section 2059 of the German Civil Code (BGB)). Until then, the full claim is directed against the undivided estate and thus against all the heirs jointly; only afterwards can you seek payment of the full amount from an individual heir.
Underlying it all is an asymmetry that is rarely spoken of. The heir has the assets; you have a claim. He is aware of the estate; you have to enquire about it. And time is not working against him, but against you, because the limitation period affects your claim and not his property. Delaying costs him little and you a great deal.
How much is your statutory share, anyway?
As everything else depends on the amount of your claim, it makes sense to start by working out the approximate figure. The share you are entitled to depends solely on your relationship with the deceased and who else would have inherited. The compulsory portion calculator will show you this in a minute.
Three mistakes that make the journey unnecessarily expensive
The wrong order
Whoever is the first to instruct a solicitor to write to the heirs usually pays the solicitor’s fees themselves. The situation is different if the heirs are already in default. They may be liable to pay the costs of a solicitor who is only engaged afterwards as damages for delay.
They are placed in default by a clear demand for payment, which you can draft yourself. A deadline is not required for this, as the compulsory share is due as soon as the inheritance takes effect; nevertheless, it is customary to set one. Nor does the demand need to specify an amount, and it is usually better not to do so. According to case law, a clear demand for payment of the compulsory share is sufficient. If, on the other hand, you specify a sum, you are only putting the heirs in default up to that amount; and if the estimate is significantly inflated, the demand may even come to nothing, as the heirs cannot determine what is actually owed. From the date of default, interest accrues at a rate of five percentage points above the applicable base rate (Sections 286 and 288 of the German Civil Code (BGB)).
The second part of this error is the more costly one. Anyone who brings legal proceedings immediately without prior request and then faces heirs who acknowledge the claim straight away will have to bear the full costs of the proceedings themselves, even if they win the case on the merits (Section 93 of the Code of Civil Procedure).
Wait until the money arrives
The right to a compulsory share is generally subject to a limitation period of three years, calculated from the end of the year in which you became aware of the death, of your disinheritance and of who has become an heir (Sections 195 and 199 of the German Civil Code (BGB)). A claim that no one has ever seriously contested may thus be time-barred on a specific date.
What is particularly tricky is that it is precisely the straightforward steps that do not necessarily suspend the limitation period. A letter of claim or a request for information does not, in itself, suspend the limitation period. Only when the heirs respond to the substance of the matter can this lead to negotiations that suspend the limitation period. If the discussions peter out again, this effect ceases, and the limitation period may then begin to run three months later at the earliest (Section 203 of the German Civil Code (BGB)). It is also suspended by the filing of a claim or a payment order, in each case upon service, and by the first application for legal aid, as soon as the court arranges for its notification to the opposing party. If this occurs promptly, the suspension takes effect retroactively from the date of filing (Section 204 of the German Civil Code (BGB)). It is also common practice to obtain a time-limited written declaration from the heirs stating that they will not invoke the limitation period for the time being, so that negotiations can proceed unhindered.
The comparison born of exhaustion
On the other side, it is rarely a secret who cannot afford to see a long dispute through to the end. Where this is apparent, experience shows that offers are based less on the value of the estate and more on whatever is just enough to settle the matter.
This changes the nature of the dispute. The negotiations will then no longer be about the value of the estate, but about your staying power. And because most cases involving a compulsory share end in a settlement rather than a court judgement, it is precisely this question that determines the amount of the settlement. Those who sort out the financing beforehand negotiate on the merits of the case. Those who leave it unresolved end up negotiating on their own behalf.
What you can do if you don’t have the funds to enforce the decision
There are several options for the more expensive part of the process, and none of them require you to have a fortune of your own. They differ mainly in terms of how much of the risk they actually take on.
Legal aid
Where a person has a low income and few assets, the state will cover the court costs and the cost of their own solicitor if the claim has a reasonable prospect of success and is not frivolous (Sections 114 et seq. of the Code of Civil Procedure). Those whose income is just above the thresholds will not be left empty-handed, but will be able to pay in instalments, up to a maximum of 48. For an assessable income of up to 600 euros, the monthly instalment is half that amount; above this threshold, it is 300 euros plus the full amount by which the income exceeds the threshold (Section 115 of the Code of Civil Procedure (ZPO)).
Two limitations are regularly overlooked. The legal aid does not cover the other party’s costs (Section 123 of the Code of Civil Procedure (ZPO)); in the example above, this amounts to around 5,250 euros, which you would still owe in the event of a loss. And because a successful claim for a compulsory share ultimately involves a financial settlement, the state will recover the amounts it has advanced – where these are substantial – from the proceeds of the case (Section 120a of the German Code of Civil Procedure (ZPO)). Where a larger sum is ultimately involved, the legal aid therefore tends to function more like a deferral of payment by the state. If the case is unsuccessful, the Treasury bears the costs definitively. Four years after the judgement becomes final or the proceedings are otherwise concluded, no further changes may be made at your expense.
Success fee
Since 2021, lawyers have been permitted, in certain cases, to agree on a fee that is payable only if the case is successful (Section 4a of the German Lawyers’ Fees Act (RVG)). This is rarely offered, as the lawyer then bears the full risk of having worked for nothing. Above all, it only solves part of the problem, as court costs, expert witnesses’ fees and the risk of having to pay the opposing party’s costs generally remain your responsibility.
Litigation financing
In this arrangement, a funding provider covers all the costs of enforcement – including lawyers’ fees, court costs and expert reports – and, in the event of a loss, also bears the opposing party’s costs. In return, if the case is successful, the provider receives a pre-agreed share of the amount recovered. If the case is unsuccessful, you owe nothing.
There are three key differences compared with the options mentioned so far. Income and assets are irrelevant; it is the case itself that is assessed, not the individual. There is nothing to repay, as this is neither a loan nor a deferral. And amongst the options where you pursue the claim yourself, this is the only one that also covers the risk of the opposing party’s costs – precisely the area where legal aid ends. Because the fee is payable only if the case is successful, everyone’s interests are aligned. The funder only earns if you receive something too. And an opposing party that plays for time loses the argument they are using to do so.
To be honest, not every case is funded. We only take on claims that are clearly justified and backed by verifiable facts, supported by an estate of sufficient value and solvent heirs, and usually only above a certain threshold. This selection process has a knock-on effect for you. Anyone who receives a commitment knows that someone is staking their own money on the assessment that the claim is enforceable. A rejection, on the other hand, is a serious indication that the weaknesses in the case should be clarified before investing your own money.
The sale of the claim
Not everyone wants to get involved in a dispute, even if it’s at someone else’s risk. Some need the money soon; others do not want to be embroiled in a conflict lasting years with their own mother or brother; and still others simply wish to turn the page. In such cases, there is a second option, as the right to a compulsory share is transferable (Section 2317 of the German Civil Code) and can therefore be sold.
The buyer takes over the claim and pays you a fixed sum. This is less than the face value because the duration, costs and risk of enforcement are also transferred along with the claim. In return, the matter is settled for you. No correspondence, no expert reports, no legal proceedings, and whatever happens afterwards is no longer your concern.
Compared to financing, this represents the opposite set of priorities. One approach calmly maximises the return, at the cost of time and a share of the proceeds. The other trades a discount for speed and lasting peace of mind. Which approach is right for you depends on what money, time and peace of mind are worth to you in each case.
If the payout is blocked and there is no money to cover the dispute
Normally, the statutory share is claimed from and paid out to the heirs in the usual way. Things become difficult if the heirs delay providing information, underestimate the value or play for time, and each further step requires advance payments that are not currently available. This is precisely when Erbfinanz steps in. We can bear the full cost risk of enforcement, including the opposing party’s costs in the event of a loss, so that you do not have to pay for solicitors, expert reports or court costs up front. Legal representation is always provided by a specialist solicitor who remains solely committed to your interests. The fee is agreed on a case-by-case basis, transparently and in advance, and is only payable if the case is successful. If a swift resolution is more important to you than every last euro, we may also consider purchasing your claim instead of providing financing.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
Frequently Asked Questions
Will my legal expenses insurance cover the dispute over the statutory share?
Under standard terms and conditions, disputes relating to inheritance law are excluded. If your policy includes the ‘Family, Civil Partnership and Inheritance Law’ cover, this usually only covers legal advice and, depending on the tariff, a small sum for out-of-court proceedings. Only a few of the more expensive plans offer genuine inheritance law cover, and even in those cases, a separate maximum limit applies to inheritance law matters, which is significantly lower than the total sum insured under the policy. It is always the terms and conditions that apply, not the product description.
Can I still take out legal expenses insurance at short notice?
This is generally of no use in the event of a death that has already occurred. The insurance only covers cases that arise after the policy has come into effect, and under inheritance law, the insured event is linked to the occurrence that altered your legal position. That is the death itself, not any subsequent dispute with the heirs. In the case of extended inheritance protection, waiting periods of up to twelve months are often applied.
Can I choose my own solicitor if the insurance company is paying?
Yes. The freedom to choose your own solicitor is guaranteed by law (Section 127 of the Insurance Contract Act (VVG)); any clause restricting this right would be invalid. Insurers often suggest law firms from their network, but they are under no obligation to do so. In inheritance law in particular, it is worth insisting on a specialist solicitor, as valuation issues and the calculation of the compulsory share require specialist experience.
The insurance company has turned me down. Is there anything I can do about it?
That depends on the reason for the refusal. If the refusal is based on a lack of prospects of success, the assessment procedure described above under Section 128 of the Insurance Contract Act (VVG) applies; and if the refusal letter does not include the legally required notice to that effect, your need for legal protection is deemed to have been recognised. If the insurer invokes an exclusion or cites the timing of the insured event, the next steps are to contact the Insurance Ombudsman and, if necessary, bring an action for coverage.
What if the heirs themselves have no money?
To begin with, the statement that there is nothing there is to be regarded as an assertion rather than a finding. Whether it is true will only become clear once the information – including gifts and account transactions from recent years – has been provided. If the estate is indeed insolvent, the heir may limit their liability to the estate itself, in which case no claim can be enforced against them. Even then, it is worth looking into any gifts, as anyone who received a gift during the deceased’s lifetime may, under certain conditions, be held personally liable if the estate is insufficient (Section 2329 of the German Civil Code (BGB)). However, this claim becomes time-barred exactly three years to the day after the date of death, regardless of when you become aware of the gift.
Is it even worth pursuing my claim?
This is determined by the balance between the claim and the cost risk. Where the sums involved are small, a dispute may not make financial sense; however, the situation is not quite so clear-cut, as there is no requirement to be represented by a solicitor in the Magistrates’ Court and the risk remains manageable. The larger the claim, the more clearly the balance tilts in favour of pursuing it; however, the cost risk also increases accordingly. This is precisely where litigation funding and the sale of claims come into play, as they remove this risk from the equation. You can obtain an initial assessment through an initial consultation or by submitting a funding enquiry.
Do I actually need a solicitor for my statutory share?
You can file a claim and negotiate out of court yourself. In court, it depends on the value of the claim; for amounts exceeding 10,000 euros, the case is heard by the Regional Court, where legal representation is mandatory. Regardless of this, many cases are decided by factors that you need to be aware of, such as the valuation of a property, gifts made in the last ten years or a time limit. Furthermore, the heirs are often represented by a solicitor.
What really matters in the end
Not every statutory share that is due is actually claimed. Some claims lapse due to a sense of shame, others out of consideration for the family, and quite a few because someone has calculated what a dispute might cost and then stopped doing the maths.
However, the legal expenses insurance is only the first finding. The second is that it is not obliged to cover this at all. The initial steps cost almost nothing; the estate pays for the inventory of assets and the valuation, and for the expensive part that remains, there are options that do not require the use of one’s own assets. So the claim need not fail because of a lack of funds. However, it regularly fails because nobody has checked which of these options are available in their own case.
Meanwhile, the limitation period takes no account of financial circumstances, and the prospects of an inheritance grow dimmer with every passing year. Ideally, entitlement determines whether a compulsory share is paid out. In practice, however, it is often a question of who can see the dispute through to the end. This discrepancy can be resolved, and it is easier than most people realise.
Note on the content of this guide
The articles in this guide are intended to provide general information on inheritance law matters. They do not constitute legal advice and are no substitute for advice in individual cases. Whether a claim exists, and if so, to what extent, always depends on the circumstances of the specific case. Only a solicitor can provide a definitive assessment; in matters of inheritance law, this is usually a specialist solicitor in inheritance law.
All content is carefully researched and regularly reviewed. However, legislation and case law are subject to change. We are therefore unable to guarantee that the content is accurate, complete or up to date.
Note on the use of artificial intelligence
The articles in this guide are produced with the help of artificial intelligence and are editorially reviewed and approved.