Claiming your statutory share without a solicitor: how far you can get on your own

Do I really need to see a solicitor about this? When it comes to the compulsory share, this question often arises early on, and it rarely has anything to do with being stingy. After the funeral and clearing out the house, money is often tight enough as it is; now a solicitor’s fees have to be paid on top of that. Many people also dread the moment when a letter from a solicitor turns a family dispute into a full-blown legal battle, as the person on the other side might well be their own brother. And after the weeks following a death, some people simply lack the energy to search for a solicitor and deal with the correspondence.

Legally speaking, there is nothing to prevent this. The law does not require you to use a solicitor for the compulsory share; the first steps involve writing letters, which you can draft yourself, and these often lead to the payment being made. However, how far you get depends less on you than on how the heirs react. This article therefore explains which steps you can take on your own, at what points things can go wrong in practice, and what options remain open to you.

What you can sort out yourself without a solicitor

The compulsory share does not make you an heir. It is purely a financial claim against the heir or heirs, amounting to half the value of your statutory share of the estate (Section 2303 of the German Civil Code (BGB)). You will not receive any items from the estate, but you do not need to obtain a certificate of inheritance or deal with the administration of the estate either. The whole process consists of first requesting information from the heirs and then demanding payment, and there are no formal requirements for either.

First, clarify your own position

Only children and their descendants, the spouse or registered civil partner, and – if there are no descendants – the parents are entitled to a compulsory share. Siblings are never entitled. Disinheritance applies not only to those expressly named as such in the will, but to anyone who is overlooked in it whilst others inherit. Even someone who has been named as an heir but whose share is less than their statutory share may claim the difference (Section 2305 of the German Civil Code (BGB)). The claim is directed at the heirs, not at the probate court, which merely opens the will. If there are several heirs, they are jointly liable (Section 2058 of the German Civil Code (BGB)), so you may contact all of them or the one who is available.

You can work out your share roughly; it is half of what you would have been entitled to without a will. The following provides a rough estimate in euros: Legal share calculator, You don’t need any documents for this.

Drawing up the request for information

In almost every case, the heirs know everything and you know nothing. The law reverses this imbalance through the right to information (Section 2314 of the German Civil Code (BGB)). Request a complete inventory of the estate, as at the date of death. This includes bank accounts and investment accounts, property, shareholdings, vehicles and valuables, as well as any debts. In the same letter, ask explicitly about any gifts, particularly those made in the last ten years. In the case of gifts to the spouse and transfers where the deceased reserved the right of use – for example, through a usufruct – significantly older transfers are also included. The heirs should also mention life insurance policies that were paid out to beneficiaries bypassing the estate. All of this can affect the claim to the Addition to compulsory portion increase (Section 2325 of the German Civil Code), and hardly any heir brings this up of their own accord.

A factual letter in which you claim your statutory share and set a deadline of a few weeks for a response is entirely sufficient. Taking a confrontational tone at this stage does more harm than good. The only important thing is that you can later prove the letter was received, for example by sending it by registered post with proof of delivery.

Whilst you are waiting for a reply, there are a number of things you can find out for yourself. As a person entitled to a compulsory share, you can apply to the probate court to inspect the estate file and thus find out exactly what is in the will and who has inherited. The Land Registry will generally recognise your legitimate interest in obtaining an extract, which will allow you to see the ownership structure and any registered encumbrances. And to get an initial idea of what a plot of land might be worth, the official standard land values are available free of charge online in most federal states. None of this replaces a professional valuation, but it does prevent you from being unable to challenge a mere assertion.

Check the information rather than simply accepting it at face value

At some point, a statement will turn up in your letterbox, and that’s when the part that decides on the money begins. Read through the inventory with a critical eye, paying particular attention to areas that raise suspicion – such as conspicuously round figures for property values with no explanation, household contents declared to be worthless across the board, accounts you know exist but are missing, or claims that no gifts were ever made, even though the house was transferred long ago. You do not have to accept such omissions. You can request that a notary draw up the inventory and determine the assets themselves, and additionally request an expert’s report for property or company shares. Both are paid for by the estate, not by you (Section 2314 of the German Civil Code (BGB)).

It is rarely a quick process, however. In practice, a notarial inventory often takes many months to complete, as notaries are busy and have to carry out their own investigations. That is no reason to forego the process, but it is a reason to keep an eye on the limitation period.

Quantify, set a deadline, trigger default

Anyone who puts a figure on the table too early, without any figures to back it up, commits themselves and ends up negotiating against their own claim later on. You should therefore only put a figure on it once you have the relevant information and valuations. Then the calculation is straightforward. Liabilities – such as debts and funeral costs – are deducted from the value of the estate on the date of death; apply your share to the remainder, and any gifts subject to supplementary payment are added on a pro rata basis.

The demand for payment itself is, once again, simply a letter stating the amount, a brief and clear explanation of how it was calculated, and a clear deadline. The claim has been due since the date of death (Section 2317 of the German Civil Code (BGB)). Once the deadline has passed, the heirs are generally in default and then owe default interest at a rate of five percentage points above the base rate (Section 288 of the German Civil Code (BGB)). From that point on, every month of delay costs the heirs money. The article on A staged reminder regarding the compulsory share.

Recording an agreement clearly and accurately

In many cases, these steps simply result in a bank transfer. When the time comes, set out the outcome in writing, stating the amount, the payment date and which claims are to be settled by this payment. It is particularly important to be precise regarding this last point. A broadly worded clause stating that all claims arising from the inheritance have been settled may, depending on its wording, also cover supplementary claims arising from gifts of which you are not yet aware. Such agreements are therefore often reviewed by a solicitor before being signed. This can be done as part of a single initial consultation, the cost of which is capped by law for consumers, and does not take the case out of your hands. If you have legal expenses insurance, it will usually only cover an initial consultation in matters of inheritance law anyway. The actual settlement of the estate is not covered under standard policies.

The sentences that bring the solo venture to a halt

Whether a solicitor is needed at some point is rarely decided by legal provisions, but by statements such as these.

„We can’t sort that out until the estate has been distributed.“ That sounds reasonable, but it isn’t true. The compulsory share is due from the date of death and does not wait for a certificate of inheritance, nor for the house to be sold, nor for the heirs to reach an agreement amongst themselves. Payment can only be deferred by means of a grace period, which a court may grant in exceptional cases of hardship; in practice, however, this remains the exception (Section 2331a of the German Civil Code (BGB)). Nevertheless, the phrase works surprisingly well because it places the entitled party in a polite holding pattern. Those who agree to this often end up waiting for years.

The silence is even harder to bear. There is no reply to the first letter; the second is met with a phone call asking for patience; and the third again yields nothing. There is little one can do on one’s own at this stage, as enforcement is only possible with a court order. It would be possible to obtain a default judgment without a solicitor, and this would suspend the limitation period; however, it requires a quantified claim, which is difficult to establish credibly without further information, and as soon as the heirs object, one finds oneself in legal proceedings after all. Even the information itself can, if necessary, only be obtained through legal action – usually as the first stage of a phased claim, which then immediately includes the claim for payment. Hardly anyone drafts this pleading themselves anymore.

„You won’t get anything for the house today.“ That’s what you hear as soon as money is mentioned, because every euro less in the value of the estate reduces the statutory share. However, what matters is the Market value on the date of death, not the conservative figure that a well-known estate agent might quote to the heirs as a favour. There is often a difference of several tens of thousands of euros between the two. Although you can request an expert valuation, if the heirs refuse to cooperate or do not accept the result, the value will ultimately be negotiated or determined by the courts.

„Give us time – we’re a family, after all.“ That is the most dangerous sentence, precisely because it is the kindest. The right to a compulsory share generally becomes time-barred three years after the end of the year in which you became aware of the death and of the disadvantage you have suffered (Sections 195, 199 of the German Civil Code (BGB)). Your own letters do not, in themselves, meet this deadline, nor does a request for information. The limitation period is suspended, in particular, by serious negotiations regarding the claim or by legal proceedings (Sections 203, 204 of the German Civil Code (BGB)), and anyone who is merely fobbed off should not rely on this. The friendlier the delaying tactics, the more time works in the heirs’ favour.

At the very latest, going it alone comes to a formal end in court. Claims involving a sum in dispute of up to 10,000 euros are heard by the local court, where you are permitted to represent yourself. Claims for higher amounts are heard by the regional court, where legal representation is compulsory. Claims for a compulsory share of an estate usually exceed this limit.

Four routes from this point

Anyone who finds themselves in one of these situations has four options. Which one is right for you depends on whether there’s still any room for manoeuvre and how much money and patience you can or are willing to invest.

Option 1: It’s moving; you’re travelling on your own

As long as the heirs fulfil their obligations and the discussions remain focused on figures, there is no reason for a letter from a solicitor. Many cases involving the statutory share are settled in exactly this way, without a solicitor and without going to court. Continue to handle the case as pragmatically as you have done so far, record interim progress in writing and keep an eye on the three-year time limit, particularly if the discussions are dragging on. As a precaution, many people find that a single initial consultation is sufficient once the final settlement agreement is on the table.

Option 2: Things have come to a standstill, and a solicitor is affordable

If the other party obstructs the process, the next logical step is to instruct a specialist solicitor in inheritance law. Often, the very first letter from the solicitor is enough to change the situation, as the heirs realise that any delay on their part will now be documented and will have consequences. The solicitor will follow through on the request for information, have the assets verified and negotiate; if necessary, they will take legal action. The costs depend on the value of the claim. For a claim of 100,000 euros, the risk of a first-instance ruling is in the region of 14,000 euros, although the losing party usually also bears the other side’s costs. This article sets out the details of what these costs entail and what they depend on. Disinherited and without legal protection before.

Option 3: I need a solicitor, but I don’t have the money for one

There are initially two forms of state assistance available for this situation. Anyone on a low income with no disposable assets can obtain legal advice and out-of-court representation through the ‘Beratungshilfe’ scheme in return for a small contribution; applications for this are made to the local magistrates’ court. For court proceedings, there is legal aid. This covers court costs and your own solicitor’s fees – either in full or repayable in monthly instalments, depending on your financial circumstances – but requires a reasonable prospect of success and leaves a gap. If you lose the case, you will be liable for the opposing party’s legal costs.

Anyone whose income exceeds the threshold for this assistance, or who is specifically seeking to avoid this shortfall, can have the costs of enforcement covered. A litigation financier then covers the costs of the solicitor, court fees and expert reports – and, in the event of a loss, also those of the opposing party – and is only paid, if the case is successful, via a pre-agreed share of the proceeds. Your own solicitor, whom you trust, will remain on the case, and if you do not yet have one, a specialist solicitor will be arranged for you on request. The model is described in detail in the article Financing an inheritance dispute.

Option 4: You don’t want to have the argument at all

Some entitled parties do not wish to pursue this dispute at all, not even through a solicitor, regardless of who would pay for it. The sale of the claim provides a solution for this situation. The compulsory share is transferable by law (Section 2317(2) of the German Civil Code (BGB)) and can therefore be sold in the same way as other monetary claims. The purchaser pays a fixed price and subsequently handles the settlement with the heirs at their own expense. The price is therefore lower than the full value of the claim; the discount covers the immediate payment and the risk assumed by the purchaser. It is customary to draw up a notarised contract of sale, with payment made a few days after the appointment. Anyone who already has a solicitor can have the contract reviewed by them and keep the solicitor involved until the contract is signed. For those who have the time and remain in dialogue with the heirs, however, pursuing the claim themselves is usually the better option. This article discusses whether and when the sale is nevertheless worthwhile. Sell your legal share.

Ultimately, it is the heirs, rather than you, who will decide whether you can manage without a solicitor. It is up to you to choose the course of action that best suits your situation, and none of the four requires you to waive your claim simply because of financial hardship or exhaustion.

When the payout is delayed

Normally, you claim your statutory share directly from the heirs, as described above, and do not need anyone’s help to do so. Things become difficult if you receive no response, if the value of the estate is underestimated, or if the matter drags on for months and you are faced with the question of whether you can or want to pay for a solicitor, expert reports and court costs out of your own pocket. This is exactly when Erbfinanz can help. We can assume the financial risk of enforcing your claim, so that you do not have to pay upfront, or we can buy your claim if a secure, swift resolution is more important to you than the highest possible amount. In both cases, legal representation is always provided by a specialist solicitor – either your own or, if you wish, one from our network.

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