A will may exclude you, but it can only deprive you of your statutory share in rare, exceptional cases. Children, spouses and, in some cases, the parents of the deceased retain a legal right to a minimum share of the estate in cash. On paper, this is a strong position. In reality, however, the actual challenge begins with this entitlement, as the compulsory share is not paid out automatically, but by heirs who often have little interest in doing so.
This is precisely the problem this article is about. Enforcing a claim costs money before it brings in any. Lawyers and courts charge based on the value of the claim; advance payments are due before the other party is even required to respond; and whoever loses the case usually has to pay the other side’s costs as well. Many rightful claimants are therefore faced with a hefty bill. The claim exists – possibly a six-figure sum – but they do not have the ten or twenty thousand euros needed to cover the risk standing between them and the money. Some give up; others agree to an unfavourable settlement at an early stage. Both outcomes are avoidable.
This guide outlines the various ways in which a compulsory share can be enforced even without one’s own funds, ranging from state-funded legal aid and contingency fees to litigation financing and the sale of the claim. It provides a clear and objective explanation of what each option achieves, what it costs and what its limitations are.
Key points at a glance
- The compulsory share is a purely financial claim against the heirs, amounting to half of the statutory share of the inheritance (Section 2303 of the German Civil Code (BGB)). It is not paid out automatically and is generally subject to a limitation period of three years from the end of the year in which you became aware of the inheritance and disinheritance (Sections 195 and 199 of the German Civil Code (BGB)).
- Lawyers and the court base their fees on the value of the claim. For a claim of 100,000 euros, the cost risk at first instance is around 14,000 euros, and the losing party usually also bears the other party’s costs (Section 91 of the Code of Civil Procedure (ZPO)).
- Since 2026, claims up to 10,000 euros have been heard by the local court; claims above that amount are heard by the regional court, where legal representation is compulsory. Most claims for a compulsory share exceed this threshold.
- Legal advice assistance and legal aid are available to those on low incomes and with limited assets. Legal aid does not cover the opposing party’s costs (Section 123 of the Code of Civil Procedure) and, in the event of a successful outcome, is usually repaid from the funds recovered (Section 120a of the Code of Civil Procedure).
- In litigation funding, a funder bears all costs, including the risk of loss, and receives a pre-agreed share only if the case is successful. Income and assets are irrelevant; what matters are the prospects of success and the validity of the claim.
- Anyone who needs money quickly or does not wish to go to court can sell the claim instead, as it is transferable (Section 2317 of the German Civil Code (BGB)).
The statutory share that is the subject of the dispute
The compulsory portion is purely a monetary claim against the heirs, amounting to half of the statutory share of the estate (Section 2303 of the German Civil Code (BGB)). Anyone entitled to it does not become an heir; they therefore receive neither the family home nor a say in the distribution of the estate, but rather a claim that can be quantified in euros. Only descendants – that is, children and, in their absence, grandchildren – are entitled to this, along with the spouse or registered civil partner and the parents, the latter only if there are no descendants. Siblings and more distant relatives always go away empty-handed. The prerequisite is that a will or inheritance contract excludes you from the line of succession; for this to be the case, it is sufficient that you are simply not mentioned in the document. Even someone who has been included in the will but receives less than half of their statutory share of the inheritance may claim the difference (Section 2305 of the German Civil Code (BGB)).
The calculation is carried out in two stages. First, the share to which you would have been entitled under the rules of intestate succession is determined, and this share is halved. The resulting share is then applied to the value of the estate on the date of death, i.e. to all assets minus any debts (Section 2311 of the German Civil Code (BGB)). If a disinherited child would have inherited half without a will, their statutory share amounts to a quarter of the value of the estate; for an estate worth 400,000 euros, this would therefore be 100,000 euros. If the deceased made gifts of assets during the ten years prior to their death, a supplementary claim may arise, which takes such gifts into account on a degressively weighted basis (Section 2325 of the German Civil Code (BGB)).
To enable you to work out the figures at all, the law provides you with an effective tool. You may require the heirs to provide a complete inventory of the estate – drawn up by a notary if you so wish – as well as a valuation of individual items, for example through a valuation report for the property. The costs of this are borne by the estate, not by you (Section 2314 of the German Civil Code (BGB)).
There are, however, two things that do not sort themselves out automatically. Firstly, nobody pays out the compulsory share of the estate without being asked. The probate court opens the will and notifies you; that is all it does. You must make the claim yourself, and you must do so against the heirs. Secondly, time is of the essence. The claim is generally time-barred after three years, calculated from the end of the year in which you became aware of the inheritance and your disinheritance, or at the latest thirty years after the date of death (Sections 195, 199 of the German Civil Code (BGB)). A letter of claim does not suspend this limitation period. It is only suspended by serious negotiations, by legal proceedings or a payment order, or by an application for legal aid (Sections 203, 204 of the German Civil Code (BGB)). The financial issue therefore also has a time-limit aspect, because anyone who delays enforcement because they cannot pay will ultimately lose their claim not because of the law, but because of the calendar.
How much it costs to enforce the ruling if you pay for everything yourself
In Deutschland, solicitors and courts base their fees on the value in dispute, i.e. the amount of the claim at issue. This has an unfortunate consequence in cases involving compulsory inheritance shares. As these cases often involve property, the values in dispute are high, and so are the fees, regardless of how straightforward or complex the case is.
An example using realistic figures. Where the statutory share amounts to 100,000 euros, out-of-court representation by a solicitor alone costs a good 2,700 euros, based on the statutory fee. If the matter proceeds to court, the court requires three court fees to be paid in advance – in this case just under 3,600 euros – and will generally only serve the claim once this advance payment has been made (Section 12 of the Court Fees Act). If the case proceeds to a contested hearing until a judgement is delivered, each party will incur legal fees of around 5,200 euros. The losing party bears not only its own costs but also those of the opposing party and the court costs (Section 91 of the Code of Civil Procedure [ZPO]); in the event of a partial success, the costs are shared on a pro rata basis (Section 92 ZPO). The total risk at first instance is therefore around 14,000 euros; even with a value in dispute of 50,000 euros, it still amounts to around 10,000 euros. If the case goes to appeal, the risk rises to over 30,000 euros. In addition, there may be advance payments for court-appointed experts, for example to value a property; these are initially paid by the party bearing the burden of proof – which, given the value of the estate, is often you. If the proceedings end early with a settlement, the court fees are reduced and the costs are usually shared. Nevertheless, you must still factor in the full risk, as whether a settlement is reached is also decided by the other party.
Representing oneself is only an option to a limited extent. Since the beginning of 2026, local courts have been hearing civil disputes with a value in dispute of up to 10,000 euros; above that amount, regional courts have jurisdiction, and there it is compulsory to be represented by a solicitor (Section 23 GVG, Section 78 ZPO). Most claims for a compulsory share fall well above this threshold. The question is therefore rarely whether you need a solicitor, but rather how you will pay for one whilst the estate is still in the possession of the other parties.
The heirs are well aware of this dynamic. Anyone who realises that the other party cannot afford a protracted dispute has little incentive to settle the matter swiftly and fairly. The issue of costs thus becomes a matter of negotiation, which is precisely why it is worth considering ways to resolve this imbalance.
Traditional solutions and their limitations
Four options are regularly cited when there is a lack of funding for enforcement. Two are provided by the state, and two come from the market. None is intended for every situation, and none covers everything.
Advice to help you take the first step
Anyone on a low income with no significant assets is entitled to legal aid for advice and out-of-court representation. The local civil court issues the certificate of eligibility; the solicitor may then only charge a contribution of 15 euros, which they may also waive. This is a good – and often underestimated – starting point for an initial assessment of one’s own case, such as whether a claim exists at all and what the will means. The limit is clear: as soon as legal action has to be taken, legal aid for advice ceases.
Legal aid: the state’s solution with a catch
Legal aid (PKH for short; Sections 114 et seq. of the Code of Civil Procedure (ZPO)) is available for court proceedings. The state will then cover the court costs and the fees of a solicitor appointed to assist you, either in full or in up to 48 monthly instalments, depending on your income. Legal aid is granted subject to two conditions. You must be in need, meaning you must have only a low income and, apart from an exempt amount currently set at 10,000 euros and a few protected assets such as a property you live in yourself, you must have no disposable assets. Furthermore, the claim must have a reasonable prospect of success, which the court will assess in advance on the basis of your application. The application itself has an additional benefit, as it suspends the limitation period (Section 204 of the German Civil Code (BGB)).
However valuable PKH may be, there are three limitations you should be aware of before relying on it. Firstly, it does not cover the other party’s costs. If you lose the case, the state will pay your solicitor’s fees and the court costs, but you will still be liable for the opposing party’s legal costs (Section 123 of the Code of Civil Procedure), which in the example above would amount to around 5,200 euros. Secondly, the assistance is often merely an advance. The court may reassess your circumstances up to four years after the proceedings, and anyone who has gained something as a result of the proceedings – in this case, the compulsory share – must usually repay the costs advanced from that sum (Section 120a of the Code of Civil Procedure (ZPO)). In a dispute over the compulsory share, where the aim is to secure a substantial sum of money, legal aid therefore functions more like an interest-free loan than a grant. Thirdly, those who fall just above the thresholds or whose assets are tied up are excluded. For many eligible claimants on a middle income, the PKH is simply out of reach, however justified their claim may be.
Legal expenses insurance: rarely of any help in inheritance law
The obvious thought of taking out legal expenses insurance usually comes to nothing when it comes to inheritance law. Most standard policies exclude inheritance disputes or cover only an initial consultation; only some newer and more expensive policies go beyond this. Insurance taken out only after a person’s death is of no help anyway, as the dispute will already be underway by then. It may be worth taking a look at a policy that has been in place for some time, though in most cases it will not cover the dispute.
Contingency fees: legally permissible but rarely used in practice
Since 2021, solicitors have been permitted to agree on contingency fees more frequently than before; that is, a fee that is payable, in whole or in part, only if the case is successful. This is permitted, amongst other things, where, on reasonable consideration, the client would be deterred from pursuing legal action without such an agreement (Section 4a of the Lawyers’ Fees Act [RVG]), which at first glance sounds like the solution to the problem addressed in this article. Nevertheless, in practice, the provision remains a narrow path. The lawyer bears the full risk of working for nothing, so such offers are made only rarely. Above all, however, the success fee solves only part of the problem, as court costs, expert witnesses and the risk of having to pay the opposing party’s costs generally remain your responsibility. This is where litigation funding comes in.
Litigation funding: the inheritance dispute at someone else’s risk
In the case of litigation funding, a commercial funder covers all the costs of pursuing the claim – that is, lawyers’ fees, court costs and expert witness fees – and, in the event of a loss, also bears the costs incurred by the opposing party. If the case is successful, the funder receives a pre-agreed share of the amount awarded, known as a success fee. If the case is unsuccessful, you will not receive any money, but you will not owe any either. The financial risk of the dispute lies entirely with the funder.
This scheme is not a loan. There is nothing to repay, no interest and no credit check, and unlike with legal aid, your income and assets are not taken into account. It is the case that is assessed, not the individual. Litigation funding has been available in Deutschland since the late 1990s, initially primarily for commercial disputes. It is no coincidence that it has become particularly widespread in inheritance law, as cases involving the statutory share combine high, easily verifiable monetary claims with tangible assets held by the opposing party. In addition to the statutory share, other monetary claims under inheritance law are also financed, such as those arising from a bequest or between co-heirs.
The division of roles is key to understanding this. The financier is not a solicitor; they do not provide legal advice and do not conduct the proceedings. The mandate, strategy and negotiations are the responsibility of a solicitor – ideally a specialist in inheritance law – who remains solely committed to your interests. The financier remains in the background and provides the funding.
This is how financing works
- You should describe the case and submit the documents you have, such as the will, the letter from the probate court and a rough outline of the estate. It is not necessary to provide a full set of documents for the initial assessment.
- The financier assesses the case from both a legal and financial perspective, usually in conjunction with specialist solicitors. The focus is on the prospects of success and whether payment can ultimately be made – in other words, on the value of the estate and the solvency of the heirs. Specific features, such as a penalty clause in a ‘Berlin will’, which can make an early claim costly, form part of this assessment.
- If the assessment is favourable, draw up a contract setting out who will bear the costs, the level of contribution and the rules governing matters such as settlements – all in advance and in writing.
- The solicitor enforces the claim. He requests information and a valuation, quantifies the claim and negotiates; if necessary, he takes legal action, often in the form of a ‘staged claim’ under the law of compulsory shares, which first demands information and then payment. Most cases end in a settlement, and the likelihood of this increases when the heirs realise that a protracted dispute can no longer wear you down.
- The final settlement is made at the end. The agreed share of the proceeds goes to the financier; the rest goes to you. If enforcement fails, you will not be billed.
Which cases are suitable for funding
A funding provider does not take on every case, and that is part of the integrity of this model. Cases that are funded are those with clear prospects of success – that is, a clear legal basis and verifiable facts – and a valid claim backed by a substantial estate and heirs who are both liable and able to pay. It is also common for there to be a minimum claim amount, as the costs of assessment and covering legal expenses are not viable for small claims. Where this threshold lies varies from provider to provider.
This decision has a side effect for you that is often overlooked. A commitment to funding also serves as an independent second opinion, as someone is committing their own money to the assessment that your claim is enforceable. A rejection, on the other hand, is a serious indication that you should clarify the weaknesses in the case before investing your own money.
How much the financing costs
The success fee is agreed on a case-by-case basis and depends on the amount in dispute, the level of risk and the expected workload. It is determined before the contract is concluded and is payable only if funds are actually received, even in the event of an out-of-court settlement. Upfront fees, ongoing costs or additional charges in the event of failure are not part of a reputable model.
Whether this trade-off is worthwhile is a matter of sober consideration. Anyone who can easily afford to fund the enforcement themselves and is prepared to bear the risk will retain more should the case be successful. Those who cannot or do not wish to do so are given the opportunity, through financing, to pursue a legitimate claim at all and with full vigour, in return for ceding a portion of the proceeds. A share of a successfully enforced claim is ultimately worth more than a full claim that is left to lapse in a drawer.
How to recognise a genuine offer
A sound financing offer can be assessed on the basis of a few key points. The share of the costs is specified in the contract before you sign it. The coverage of the opposing party’s costs in the event of defeat is expressly stipulated, not merely promised. There are no fees whatsoever before or during the proceedings. The contract clearly states how decisions on settlement offers are made and what say you have in the matter. And legal representation is provided by an independent solicitor, not by the financier themselves. Any provider who evades any of these points should be ruled out.
If your claim is at risk of failing due to cost considerations
Normally, the statutory share is claimed from the heirs and paid out as a matter of course. Things become difficult if the other party obstructs the process or plays for time, and each further step requires advance payments that you do not currently have. This is precisely when Erbfinanz steps in. We can bear the financial risk of enforcement, so that you do not have to pay for solicitors’ fees, expert reports and court costs up front. Legal representation is always provided by a specialist solicitor, and our fee is agreed on an individual, transparent basis in advance and is only payable if the case is successful.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
The other way: sell rather than argue
Not everyone wants to get involved in a dispute, not even at someone else’s risk. Some need the money soon; others do not want to engage in a conflict lasting years with the heirs – often their own family; and still others simply wish to bring the matter to a close. For such situations, there is an alternative option, as the right to a compulsory share is inheritable and transferable (Section 2317 of the German Civil Code (BGB)). It can be sold.
Upon sale, the buyer assumes the claim and pays you a fixed sum promptly. This amount is less than the face value of the claim, as the buyer also assumes the time, costs and risk involved in enforcing it. In return, you’re done with it straight away. No more correspondence, no expert reports, no legal proceedings – and whatever happens to the claim afterwards is no longer your concern.
Compared with litigation funding, this represents a reversal of priorities. Litigation funding allows you to secure the full outcome at your own pace, in return for a share of the proceeds and some time. A sale, on the other hand, involves accepting a discount in exchange for speed and a definitive end to the matter. Which approach is right for you depends on what money, time and peace of mind are worth to you in each case.
When a quick deal is more important than every last euro
Sometimes, a swift and definitive resolution is more important than achieving the best possible outcome after months or years. In this case, you can sell your right to a compulsory share to Erbfinanz and receive payment promptly, without having to settle the dispute with the heirs yourself. What happens to the claim afterwards is our business.
We’ll discuss whether this approach is right for your situation during a no-obligation enquiry.
Which route is best for which situation?
These approaches are not mutually exclusive; they cater to different contexts. The overview illustrates the logic behind them in comparison.
| Path | This is particularly relevant for | What is covered | The border |
|---|---|---|---|
| Legal aid | low income and assets | Advice and out-of-court representation; patient contribution: 15 euros | ends as soon as a court is required to rule |
| Legal aid | low income and assets, reasonable prospects of success | Court costs and your own solicitor, payable in a single instalment or in up to 48 instalments | You will be liable for the other party’s costs; these are usually reimbursed if the case is successful |
| Success fee | in cases where the law provides for an exception, if the solicitor offers to do so | one’s own lawyers’ fees | As a general rule, you will be liable for court costs and the risk of having to pay the other party’s costs |
| Litigation cost financing | verifiable, valid claims above a certain threshold, regardless of income | all costs, including the other party’s costs should we lose the case | Share of the proceeds in the event of success; not every case is accepted |
| Sale of the claim | the desire for a swift and definitive conclusion | the entire dispute is transferred to the buyer | the price is below the nominal value of the claim |
In practice, this gives rise to typical patterns. Where income is low and the claims are modest, the route often involves legal advice and legal aid, particularly as, since 2026, minor disputes up to 10,000 euros have been heard before the local court without the need for a solicitor. In the case of higher, well-documented claims, litigation financing is usually the more viable option, as it is the only solution that also covers the risk of the opposing party’s costs and does not depend on one’s own income. And where speed or family harmony matter more than the last euro, selling the property is the clearest solution. This is not a recommendation for individual cases; this guidance does not therefore replace an assessment of the specific case by a specialist solicitor.
Frequently Asked Questions
Who pays if the case is lost?
Without legal aid, you will be liable for your own legal costs, court costs and the opposing party’s legal costs (Section 91 of the Code of Civil Procedure). With legal aid, the state covers the court costs and your lawyer’s fees, but not the costs of the other party (Section 123 of the German Code of Civil Procedure (ZPO)). With litigation funding, the funder bears all costs, including those of the other party. This is the key difference between these two options.
Is it really impossible to manage without a solicitor?
Only within narrow limits. For claims up to 10,000 euros, the local courts have jurisdiction, and you are permitted to represent yourself there. Above that threshold, the matter falls within the jurisdiction of the regional court, where legal representation is mandatory (Section 78 of the Code of Civil Procedure), and most claims for a compulsory share exceed this limit. Even below this threshold, caution is advised, as the stage of obtaining information, issues of valuation and the limitation period present plenty of opportunities to undermine what is otherwise a sound claim, particularly as the heirs are often represented by solicitors.
I have very little income, but the claim is substantial. Am I eligible for legal aid?
This is possible because what matters is your current income and assets, not the amount of the claim that has not yet been enforced. However, when you consider the full picture, this assistance usually remains an advance payment. If you succeed in claiming your statutory share, the court may, up to four years after the proceedings, assess whether you are able to cover the costs from the proceeds, and will then usually order you to make a subsequent payment (Section 120a of the Code of Civil Procedure). You should therefore budget for the amount remaining after this repayment, and the risk of having to cover the opposing party’s costs must also be taken into account.
Does my case have to end up in court at all? In most cases, no.
Disputes over compulsory shares are predominantly settled out of court, often following the disclosure procedure and negotiations on the value of the estate. Financing does not alter this; on the contrary, it strengthens your negotiating position because the other party knows that delaying tactics and stalling will no longer work. However, you should be aware in advance that the success fee is payable even in the event of an out-of-court settlement.
Is it all worth it, even for smaller compulsory shares?
The procedures vary depending on the amount involved. Litigation funders usually require a minimum claim amount; however, the situation for small claims is more favourable than many people think, as there is no obligation to be represented by a solicitor in the Local Court for claims up to 10,000 euros, the cost risk remains more manageable, and for those on low incomes, legal advice assistance and legal aid cover the costs of the case. In the case of very small sums, a sober comparison of the claim and the cost risk ultimately determines whether the dispute is financially viable.
What really matters in the end
The compulsory share protects close relatives from being completely excluded from the family estate, but it does not protect them from the costs of enforcing it. For a long time, this loophole has meant that legitimate claims were abandoned or settled for less than their worth, particularly by those who would have needed the money most urgently. Today, this gap can be closed – not by a single approach, but through several that suit different life circumstances. Legal advice and legal aid support those on low incomes; litigation funding supports anyone with a valid claim; and a settlement resolves cases where a swift resolution matters more than obtaining the maximum amount.
None of these approaches, however, can replace the decision to take your own claim seriously. The limitation period runs regardless of whether you can afford to pursue the dispute, and with every passing year, the picture regarding the estate becomes less clear. Anyone who clarifies early on what they are entitled to and which approach suits their circumstances best negotiates from a position where their financial situation no longer plays a role. Whether a compulsory share is enforced should depend on entitlement, not on the beneficiary’s bank balance. The tools to achieve this are available.
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.