An envelope from the probate court, containing a copy of a will, and as you read it, it becomes clear that you will not be inheriting anything. Sometimes it’s stated there in no uncertain terms; often, others are simply named as beneficiaries and your own name is missing. The effect is the same, and for most people it hits them twice – as a loss and as a personal slight.
This makes it all the more important to take a dispassionate look at the legal situation. Members of the immediate family almost never end up completely empty-handed as a result of disinheritance. The law places a limit on the freedom to dispose of one’s own assets and guarantees children, spouses and, in certain cases, parents a minimum share of the value of the estate. This share is known as the compulsory portion. It is not a gesture of goodwill on the part of the heirs, but an enforceable financial claim governed by clear rules.
However, there is one thing the statutory share is not, and that is a sure-fire success. No public authority pays it out, no court takes action of its own accord, and very few heirs pay it up without being asked. The initiative lies with you. This guide explains who is entitled to the compulsory share, how the amount of the claim is calculated, what role previous gifts play, how to claim the compulsory share step by step, and which deadlines apply.
What disinheritance means and how you find out about it
A person is disinherited if they have been excluded from the order of succession by will or by a contract of inheritance. No explicit statement is required for this. It is sufficient that the deceased person – legally known as the testator – has bequeathed their entire estate to others. Anyone who is simply not mentioned in the will – whether as a child or a spouse – is thereby disinherited. The testator is not required to give any reason for this decision, and it remains valid even without any justification. The freedom to make a will allows anyone to leave their estate to a single child, a neighbour or a charity.
Those affected usually learn of their disinheritance through the probate court. The court opens the will and, in addition to the named heirs, generally also notifies those who would have become statutory heirs in the absence of a will, usually by sending them a copy of the will and the minutes of the opening of the will. This letter marks the latest point at which to sort out one’s rights, as the time limits begin to run from the moment one becomes aware of the inheritance and the disinheritance.
Let us dispel a common misconception straight away. You do not need to contest the will in order to receive your statutory share. The entitlement arises precisely when the disinheritance is valid. Doubts as to the validity of the will – for example, due to the testator’s lack of testamentary capacity – or a challenge on the grounds that the testator omitted a person entitled to a compulsory share when drawing up the will (Section 2079 of the German Civil Code (BGB)) are separate matters and may, in individual cases, even result in full inheritance rights. For the vast majority of those disinherited, however, the statutory share is the most important practical option.
The compulsory share is a financial entitlement, not a share of the estate
Anyone who inherits immediately assumes the legal status of the deceased. They become the owner of property, bank accounts and household effects, and are at the same time liable for any debts. A person entitled to a compulsory share is excluded from this arrangement. They do not become co-owners, have no say in decisions and can neither prevent the sale of the family home nor lay claim to individual mementoes. What they are entitled to is money – more precisely, a claim against the heir or heirs amounting to their share of the value of the estate (Section 2303 of the German Civil Code (BGB)).
There are two sides to this position. You lose all influence over the assets themselves. In return, you are spared the burdens of being an heir. You are not liable for the deceased’s debts, and the often protracted disputes within a community of heirs over furniture, photographs and property are none of your concern. Your claim arises on the date of death and is due from that point onwards (Section 2317 of the German Civil Code (BGB)). If necessary, the heirs must make the payment possible by mortgaging or selling assets from the estate. However, you cannot force a sale, as the items belong to the heirs. Conversely, the heirs can only seek a court order to defer payment in very limited exceptional cases, such as if they would otherwise have to give up the family home in which they live (Section 2331a of the German Civil Code (BGB)). The thresholds for this are high, and a deferral remains the exception.
There is one more thing that is important for a basic understanding. The claim is directed exclusively against the heirs. The probate court opens wills and issues certificates of inheritance; it has nothing to do with the payment of the compulsory share. You do not need to submit an application anywhere.
Who is entitled to a compulsory share and who is not
The law defines a narrow scope (Section 2303 of the German Civil Code). Only three groups are entitled to a compulsory share:
- the testator’s descendants, that is to say, his children, whether born in or out of wedlock or adopted, and, in the place of a child who has already died, that child’s children,
- the spouse and the registered civil partner,
- the testator’s parents, though as a general rule only if the deceased leaves no descendants.
As long as a child is alive and is themselves entitled to an inheritance, their own children have no claim of their own. As a general rule, grandchildren are only entitled to an inheritance if the parent through whom they are related to the deceased has predeceased the deceased (Section 2309 of the German Civil Code (BGB)).
In the case of a spouse, the key factor is whether the marriage is still in force. Living apart does not, in itself, remove the right to a compulsory share. As a rule, this right is only forfeited if, at the time of death, the conditions for divorce were met and the deceased had applied for or consented to the divorce (Section 1933 of the German Civil Code (BGB)).
All others do indeed come away empty-handed if disinherited. Siblings, nieces and nephews, grandparents, uncles and aunts are never entitled to a compulsory share. The same applies to stepchildren who have not been adopted, children-in-law and unmarried partners, even after decades of living together. Anyone belonging to these groups who has been disinherited may, at best, have the will itself reviewed to see if it is contestable.
Incidentally, only those who have actually been adversely affected by the disposition are entitled to a share; that is, those who are either entirely excluded or who receive less than their statutory share. A separate section below deals with this second, often overlooked group.
How much is the statutory share?
The basic formula is set out in the law and is extremely concise. The compulsory share amounts to half the value of the statutory share of the estate (Section 2303 of the German Civil Code (BGB)). To calculate this, two questions must therefore be answered. What would you have inherited if there had been no will? And what is the value of the estate?
The statutory share of the estate depends on which other relatives are present; in the case of a spouse, it also depends on the matrimonial property regime. Two examples illustrate the principle.
A widowed father leaves behind two daughters and names an acquaintance as his sole heir. Without a will, each daughter would have inherited half. The statutory share amounts to half of that, i.e. a quarter of the value of the estate for each of them.
If, on the other hand, a father of two children who was married under the statutory matrimonial property regime of community of accrued gains dies and disinherits one of the children, the situation is different. By law, his wife would be entitled to half: a quarter as her share of the estate and a further quarter as a lump-sum adjustment for the accrued gains (Sections 1931 and 1371 of the German Civil Code (BGB)). The other half is divided between the two children. The disinherited child’s statutory share of the inheritance is therefore one quarter, whilst their compulsory portion is one eighth of the value of the estate.
If the spouse has been disinherited, the situation becomes more complicated, as there are two methods of calculation under the community of accrued gains regime. If the surviving spouse receives neither a share of the estate nor a bequest, their compulsory portion is calculated on the basis of the statutory share of the estate without the increase; in the case of two children, this amounts to one-eighth. This is referred to as the ‘small compulsory portion’. In addition, in this case, the surviving spouse may claim the actual equalisation of the matrimonial gains, as would be calculated in the event of a divorce (Section 1371 of the German Civil Code (BGB)). If, on the other hand, the spouse has been included in the will but received less than their statutory share, the flat-rate increased share of the estate serves as the basis for calculation; in the example, this ‘large statutory share’ would be one quarter. A special rule applies if the spouse is named as an heir but renounces the inheritance. Unlike in other cases, they do not thereby forfeit their statutory share, but may, as in the case of complete disinheritance, claim the ‘small statutory share’ alongside the specifically calculated equalisation of accrued gains (Section 1371 of the German Civil Code (BGB)). Which approach ultimately yields a better result depends primarily on the actual extent of the increase in assets during the marriage. Spouses, in particular, therefore often have the calculation reviewed by a specialist solicitor.
Different shares apply under other matrimonial property regimes. If, for example, the spouses were living under the regime of separate property, the spouse’s share of the inheritance is determined by the number of children. However, as a rough guide in any scenario, the basic formula is half of what would have been expected in the absence of a will. Our compulsory portion calculator provides a quick estimate for your specific case.
What the estate is worth and what is deducted
The share constitutes one half of the calculation; the value of the estate constitutes the other half. The composition and value of the estate on the date of death are decisive (Section 2311 of the German Civil Code (BGB)). Everything that belonged to the deceased is added together, ranging from bank balances, securities and property, through to business shareholdings and vehicles, right up to jewellery, art and household effects. Liabilities – that is, the deceased’s debts, outstanding bills and the costs of the funeral – are deducted.
In the case of property, the market value on the date of death is taken into account – that is, the price that could be realised if the property were sold on the open market. The original purchase price, old valuations or tax values are irrelevant. Encumbrances reduce the assessed value. An outstanding mortgage, a registered right of residence or a usufruct in favour of a third party reduce the calculated value of a property. The extent to which this reduces the value is often a matter of dispute. Even a valuation provided by the deceased is not binding on anyone for the purposes of the calculation (Section 2311 of the German Civil Code (BGB)).
Gifts made during one’s lifetime and the right to supplementary maintenance
A compulsory share could easily be circumvented if the testator were simply able to give away their assets before their death. It is precisely this that the claim for a supplementary compulsory share (Section 2325 of the German Civil Code (BGB)) is designed to prevent. Gifts made in the last ten years are fictitiously added to the estate for the purposes of calculation, as if they were still in the estate. This increased base figure results in an additional amount to be added to the standard compulsory share.
A phasing-out model applies here. A gift made in the year immediately preceding death counts in full; thereafter, the value taken into account decreases by one-tenth with each subsequent year. If, for example, the gift was made three and a half years before the death, 70 per cent of its value is still taken into account. After more than ten years, it is disregarded.
There are two practically significant exceptions to this ten-year period. In the case of gifts to a spouse, the period does not commence until the marriage has been dissolved (Section 2325 of the German Civil Code (BGB)). Such gifts therefore generally remain eligible for consideration indefinitely if the marriage has continued until the death of the spouse. Furthermore, according to case law, the period presupposes that the testator has actually relinquished possession of the gifted property. If the testator reserves the right of usufruct over the transferred property – meaning they may continue to use it and retain its income – the ten-year period generally does not commence at all. In the case of a reserved right of residence, it depends on the scope of that right. If the deceased was essentially able to continue using the property in the same way as before, the period does not commence; if, on the other hand, the right of residence is limited to individual rooms, it usually does commence. Many families overlook this, assuming that the house transferred fifteen years ago has long since been excluded from the inheritance.
Two further rules complete the picture. If the testator made a gift to you during their lifetime and specified that the gift was to be set off against your statutory share, it reduces your entitlement (Section 2315 of the German Civil Code (BGB)). In the absence of such a provision, the gift is not taken into account when calculating the ordinary compulsory portion; however, special rules on set-off apply to gifts made by the testator when calculating the supplementary compulsory portion. And if the actual estate is insufficient to satisfy the claim for the supplementary compulsory portion, the person who received the gift may, under certain conditions, be held directly liable (Section 2329 of the German Civil Code (BGB)). A separate, stricter limitation period applies to this route; more on this below.
Although they are taken into account, they are still at a disadvantage
A restriction does not necessarily mean complete exclusion. Even someone who is named in a will may have been short-changed in terms of their statutory share. There are three key scenarios to consider here.
If the will leaves you a share of the estate that is smaller than your statutory share, you do not have to renounce the inheritance. You remain an heir and may claim from the other heirs the difference between the value of your share and half of your statutory share – the so-called supplementary statutory share (Section 2305 of the German Civil Code (BGB)).
If you have been bequeathed only a legacy – that is, a single item or sum of money without being named as an heir – you have a choice. If you accept the legacy, its value will be set off against your statutory share; you may claim any remaining difference in cash. If you renounce it, you are entitled to the full statutory share (Section 2307 of the German Civil Code (BGB)). However, the heirs may set you a reasonable time limit for making this decision; once this period has expired, the bequest is deemed to have been renounced.
The third scenario is a tricky one. Although you have been named as an heir, the will imposes restrictions and encumbrances on you, such as the appointment of an executor, the designation of a reversionary heir, orders for the division of the estate, legacies or conditions. In such cases, you may renounce your share of the inheritance and instead claim your statutory share (Section 2306 of the German Civil Code (BGB)). The time limit for renunciation is generally only six weeks and, in this case, begins as soon as you become aware of the restriction or encumbrance. Whether this trade-off is worthwhile is one of the most difficult questions in the law on the compulsory share, as acting too hastily or too late can result in significant losses. Such decisions are therefore usually reviewed by a specialist solicitor at short notice.
The special case of the Berlin will
The most common trigger for disputes over the statutory share is, in fact, quite ordinary estate planning. In a ‘Berlin will’, spouses name each other as sole heirs, with the children only set to inherit after the death of the second parent. However understandable the intention to provide for the surviving partner may be, from a legal perspective this arrangement means that the children are disinherited upon the first death. They can therefore already claim their statutory share of the estate of the parent who dies first.
Whether this makes sense is another matter entirely. Many wills drawn up in Berlin contain a ‘compulsory portion penalty clause’. Under this clause, anyone who claims their compulsory portion following the death of the first parent will, upon the death of the second parent, receive only the compulsory portion. It may nevertheless be worth making the claim, for example if it is foreseeable that little of the estate will remain by the time of the second death, or if the relationship is already broken down. This is a matter to be weighed up on a case-by-case basis; it is not automatic.
Four steps to the statutory share
No one can claim an amount they do not know. The law takes this into account and provides you with a step-by-step approach that has proved its worth in practice.
Step 1: Request information
The basis for any calculation is the right to information (Section 2314 of the German Civil Code (BGB)). You may require the heirs to provide a detailed inventory of the estate, listing all assets and liabilities as at the date of death. According to case law, the information required also covers gifts that may be relevant to the calculation of the statutory share; this generally covers the last ten years, and may extend beyond this period in the case of gifts to the spouse or where a right of use is reserved.
If you do not trust the privately drawn up inventory, you may request that a notary draw it up. A notarial inventory of the estate is considered to be significantly more reliable, as the notary is required to ascertain the contents of the estate independently. You also have the right to be present whilst the inventory is being drawn up. If there are reasonable doubts as to its completeness, an affidavit from the heir may be considered (Section 260 of the German Civil Code (BGB)). The costs of the inventory are borne by the estate.
Step 2: Clarify the values
Bank balances are recorded down to the last cent, whereas property, business holdings and works of art do not have a specific monetary value. This is where the most common conflict arises, as the heirs have a clear interest in keeping the values as low as possible. You do not have to rely on their estimates. You may request that the value of individual items in the estate be determined by experts (Section 2314 of the German Civil Code (BGB)); in the case of property, this typically involves a market value valuation. These costs are also borne by the estate.
Step 3: Calculate the amount of your claim and submit it
Once the list and the values are available, the share is converted into a total sum, namely the statutory share multiplied by the net estate, increased, where applicable, by supplementary claims arising from gifts. You should request this sum in writing from the heirs and set a reasonable payment deadline. If the heirs fail to pay despite being requested to do so, they will be in default and will then, as a rule, also owe default interest.
Step 4: Taking action if payment is not made
If nothing happens, the only option is to take the matter to the civil courts, usually with legal representation. A phased claim has proved effective. This involves, in a single set of proceedings, first seeking information, then, if necessary, an affidavit confirming that information, and finally seeking payment. This means you do not have to sue for a sum at your own risk that cannot yet be quantified. The ordinary civil courts have jurisdiction, not the probate court.
Limitation periods and other time limits
The right to a compulsory share is generally subject to a limitation period of three years (Sections 195 and 199 of the German Civil Code (BGB)). The limitation period begins at the end of the year in which you became aware of the death and of the disposition that affects you. So, if your father dies in March 2026 and you learn of your disinheritance in May 2026, the claim becomes time-barred at the end of 31 December 2029. A person who turns a blind eye cannot claim ignorance, as ignorance arising from gross negligence is sufficient. Irrespective of whether you were aware of the circumstances or not, the claim becomes time-barred at the latest thirty years after the opening of the succession.
An important special rule applies to claims against recipients of gifts (Section 2329 of the German Civil Code (BGB)). The limitation period expires exactly three years after the date of death, regardless of whether you were aware of the gift (Section 2332 BGB). Anyone who only learns of substantial gifts at a later stage may therefore, under certain circumstances, have significantly less time to act.
Serious negotiations with the heirs may suspend the limitation period (Section 203 of the German Civil Code (BGB)). Relying on this is risky, as in the event of a dispute, it is often questioned whether a protracted exchange of correspondence actually constituted negotiations. In practice, therefore, an ongoing settlement is often safeguarded, for example by the heirs expressly waiving the defence of the limitation period.
In addition, there are the short time limits for renouncing an inheritance in the special cases mentioned above; as a rule, these are six weeks (Section 1944 of the German Civil Code (BGB)). Anyone who has been named as a beneficiary and is considering opting for the compulsory share therefore has very little time to do so.
When the compulsory share is actually waived
However robust this entitlement may be, there are situations in which even the closest family members may come away empty-handed. The testator may deprive a person of their statutory share by testamentary disposition, but only on the few grounds exhaustively set out in law (Section 2333 of the German Civil Code (BGB)). These include attempting to take the life of the testator or persons close to them, serious intentional criminal offences against them, malicious breach of the statutory duty to provide maintenance to the testator; and a final conviction for an intentional criminal offence carrying a prison sentence of at least one year without parole, where it would be unreasonable for the testator to allow the convicted person to share in the estate. The law equates such a conviction with a final order for compulsory admission, for example to a psychiatric hospital. The disinheritance must be ordered in the will itself and the reason stated therein; furthermore, this reason must, in principle, already exist at the time the will is drawn up (Section 2336 of the German Civil Code (BGB)). A falling-out, a breakdown in contact or disappointment are not sufficient grounds, and many instances of disinheritance do not stand up to judicial scrutiny.
Cases of disqualification are also rare, such as where the testator has been killed or the will has been forged (Sections 2339 and 2345 of the German Civil Code (BGB)). It is more common for a person to waive their right. Anyone who, during the testator’s lifetime, has renounced their right to an inheritance or a compulsory share before a notary – usually in return for a settlement – is bound by that contract (Section 2346 of the German Civil Code (BGB)). In addition, anyone who disclaims an inheritance to which they are entitled generally also forfeits their compulsory share. You have already learnt about the most important exceptions above: the heir subject to restrictions and the spouse in a community of accrued gains. Furthermore, although the claim formally continues after the limitation period has expired, it is practically almost impossible to enforce once the heirs invoke the limitation period.
Typical areas of conflict with the heirs
On paper, the path is clear; in reality, it often is not. The most common source of conflict begins with the provision of information. Lists arrive late, remain incomplete or fail to disclose the asset transfers of recent years. The second major area of dispute is valuation. Property is undervalued on the grounds of a backlog of renovation work, shares in companies are declared to be virtually worthless, and a courtesy valuation is used as evidence instead of a robust expert report. Both of these issues can be countered by invoking the rights described above to a notarial inventory, an affidavit and an expert valuation; however, this rarely happens of its own accord.
Added to this are mistakes made by the beneficiaries. Anyone who remains silent for years out of consideration for family harmony risks the claim becoming time-barred. Anyone who accepts a lump-sum settlement at an early stage without knowing the value of the estate is often giving away money. And anyone who allows the short time limits for renouncing an inheritance in special cases to lapse loses opportunities to shape the outcome irrevocably.
The third hurdle is of an economic nature. Whilst the estate bears the costs of the inventory and valuation, if the heirs refuse to cooperate, the provision of information and the valuation report must first be enforced, and you will initially have to pay the solicitor’s and court fees up front – in the case of proceedings involving several stages, this may take years. At this stage, some entitled parties give up, even though their claim is well-founded. This is not inevitable, however, as the cost risk can be shifted. More on this shortly.
Frequently Asked Questions
Do I need to apply to the probate court for my statutory share?
No. There is no application procedure. You should claim your statutory share informally – preferably in writing – directly from the heirs. The probate court does not administer or distribute any money.
Do I need a certificate of inheritance?
No. The certificate of inheritance serves as proof of your status as an heir. You do not need it to claim your statutory share.
Am I liable for the deceased’s debts?
No, liability rests solely with the heirs. However, if the estate is insolvent, your claim will effectively come to nothing, as the share is calculated on the basis of the net estate. If the deceased made substantial gifts prior to their death, supplementary claims may nevertheless be considered.
Is inheritance tax payable on the statutory share?
In principle, yes, but only once you have claimed the entitlement, and only in excess of your personal allowance. This stands at 400,000 euros for children, 500,000 euros for spouses and 100,000 euros for parents (Sections 9 and 16 of the Inheritance Tax Act). Many compulsory shares therefore remain tax-free.
Can I sell or bequeath my right to a compulsory share?
Yes. The claim is inheritable and transferable (Section 2317 of the German Civil Code (BGB)). You may therefore assign or sell it; the consent of the heirs is not required for this.
Can I claim my statutory share whilst I am still alive?
No. The entitlement only arises upon the death of the testator. During the testator’s lifetime, the future statutory share can only be settled by contract, for example through a notarised waiver, which is usually agreed in return for a settlement payment.
Support when things get tough
And so we’ve come full circle. Being disinherited almost never means coming away empty-handed, but it does mean you have to take action yourself. Normally, you don’t need a service provider for this. You claim your statutory share from the heirs, the heirs pay up, and the matter is settled. Things get tricky if the other side obstructs the process, underestimates the value of assets or plays for time. And it becomes a burden if you are unwilling or unable to engage in a dispute that drags on for years. Support is available for both situations.
Enforcement without any financial risk to the client
If the heirs make it difficult to receive the payout, value the estate too low or drag the matter out, Erbfinanz can bear the cost risk of enforcement. You will then not have to pay for solicitors, expert reports and court costs up front yourself. Legal representation is always provided by a specialist solicitor; on request, we can put you in touch with specialist solicitors specialising in inheritance law with whom we collaborate. Our fee is agreed on a case-by-case basis, transparently and in advance, and is payable only if the case is successful.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
Selling your claim if you wish to settle the matter quickly
Sometimes, settling the matter promptly is more important than getting every last euro, for example when a dispute is overshadowing the grieving process or the money is needed. In this case, you can sell your statutory share to Erbfinanz and receive payment promptly, without having to deal with the heirs yourself. What happens to the claim afterwards is our concern.
We’ll discuss whether this approach is right for your situation during a no-obligation enquiry.
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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.