Behind the question of the compulsory share for siblings, there are almost always two very different situations. The first is easily explained. A brother or sister has died, you have been disinherited in the will, and you want to know whether you are at least entitled to a minimum share. Here, the law is clear, and for many, the answer is surprisingly matter-of-fact. Siblings are not entitled to a compulsory share under any circumstances.
The second situation is by far the more common. One parent has died and named their brother or sister as the sole heir, whilst you yourself have been left empty-handed. Often there is an old dispute behind this; sometimes it is simply the parents’ wish to keep the house in one family. Anyone who has been passed over in this way seeks the statutory share as a brother or sister, but what is actually meant is the statutory share as a child of the deceased. And that does exist. It is then directed, of all people, against one’s own siblings, because they are the heirs.
This article answers both questions. It explains who is entitled to a compulsory share, how the claim of a disinherited child is calculated and enforced, and in which cases siblings actually inherit.
Key points at a glance
- Siblings are never entitled to a compulsory share of the estate, nor are half-siblings or step-siblings (Section 2303 of the German Civil Code (BGB)).
- Only the deceased’s children, or in their place their grandchildren, are entitled to a compulsory share, as are the spouse or registered partner and the parents; the latter are entitled only if the deceased leaves no descendants.
- Anyone who has been disinherited following the death of a parent, whilst a brother or sister does inherit, is entitled to a compulsory share as a child. This claim is directed against the siblings who are inheriting.
- The compulsory share amounts to half of the statutory share of the inheritance and is purely a financial entitlement. It confers neither co-ownership of the family home nor a right to have a say in matters concerning it.
- In order to quantify the claim, there is a right to information extending as far as the notarial inventory of the estate (Section 2314 of the German Civil Code (BGB)). Gifts made in the last ten years may increase the value of the claim (Section 2325 of the German Civil Code (BGB)).
- The claim is generally time-barred three years from the end of the year in which the entitled person became aware of the death and the disinheritance.
- In the absence of a will, siblings only inherit if the deceased leaves no descendants. In that case, they are full heirs with all the associated rights and obligations, including liability for debts.
Why siblings are not entitled to a compulsory share
German inheritance law gives everyone the freedom to distribute their estate as they wish by means of a will. The compulsory share is the only limitation on this freedom. It guarantees the closest relatives a minimum financial share, even if the will excludes them. Anyone who is simply not mentioned in the will is also disinherited, even though they would have inherited if there had been no will. No explicit statement is required for this.
Many people are surprised at just how narrowly the circle of beneficiaries is defined. It comprises only three groups (Section 2303 of the German Civil Code (BGB)): the deceased’s children, whether born in or out of wedlock or adopted; the spouse or registered civil partner; and, finally, the parents, though only if the deceased leaves no descendants. Grandchildren are only entitled to a share if the child through whom they are related to the deceased has already predeceased them or is themselves unable to make a claim (Section 2309 of the German Civil Code (BGB)).
Siblings are not included on this list. This does not change even if the relationship was particularly close, if one has cared for the deceased for many years, or if there is no one else. Nieces, nephews, uncles, aunts and grandparents also receive nothing. There is a simple rationale behind this. The compulsory share protects the nuclear family, for whom the testator typically bears responsibility. Although siblings are included in the statutory order of succession, the law does not consider their protection to be so urgent that it should take precedence over the deceased’s expressed wishes.
This makes estate planning much simpler. Anyone drawing up a will who does not wish to include their siblings need only name other people as heirs. There is no risk of having to make compensatory payments to brothers and sisters who have been omitted.
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If a brother or sister is to inherit everything
Anyone looking into the statutory share of an estate among siblings is rarely the brother of a childless deceased person. Far more often, the issue concerns the parents’ estate. The mother has made her daughter the sole heir, the son has been passed over, and now the siblings find themselves pitted against each other as heir and disinherited sibling. In this case, the disinherited sibling claims their statutory share not as a brother, but as a child of the deceased. The sister is liable for the claim because she has inherited.
How the compulsory portion is calculated
The compulsory share amounts to half of the statutory share of the inheritance, that is, the share that would have applied in the absence of a will. The calculation is carried out in two stages. First, this share is determined, taking into account all children, including those who have been disinherited (Section 2310 of the German Civil Code (BGB)). Subsequently, this halved share is applied to the value of the estate remaining after deduction of debts and funeral expenses (Section 2311 of the German Civil Code (BGB)).
Here is an example. A widowed mother leaves behind two children and an estate worth 300,000 euros after all liabilities have been settled. Her will names her daughter as sole heir. Without a will, each child would have inherited half. The son’s statutory share amounts to half of that, i.e. a quarter of the estate. He can claim 75,000 euros from his sister. If there were three children, the statutory share would be one-third and the compulsory portion one-sixth. If the other parent is still alive, the shares also depend on the parents’ matrimonial property regime and on whether the surviving parent is themselves an heir. If the surviving parent becomes an heir – as is usually provided for in joint wills – the compulsory share under the statutory matrimonial property regime, with two children, is generally one-eighth per child. If the surviving parent also receives nothing, their share counts for less in the calculation, and the children’s share usually rises to three-sixteenths.
The proportion therefore depends on the family situation. The compulsory portion calculator provides an initial guide for your own circumstances.
Money instead of a share in the family home
The compulsory share does not make the disinherited person a co-heir. It does not confer ownership of the family home, a right to vote on its sale, or access to bank accounts or mementoes. It is purely a claim for payment, which arises upon death (Section 2317 of the German Civil Code (BGB)) and is, as a rule, payable immediately. This is both a disadvantage and an advantage. Anyone who is attached to the family home will not acquire it through the compulsory share. However, the beneficiary need not participate in the administration of the estate nor wait for the heirs to reach an agreement, but may simply demand payment.
If the assets are tied up in the house, the heir must raise the money, if necessary by taking out a loan or selling the property. The beneficiary cannot compel the sale. Conversely, the heir may only defer payment in very limited exceptional cases, such as where it would force them to give up the family home in which they themselves live. Such a deferral is the exception, not the rule (Section 2331a of the German Civil Code (BGB)).
Even those who receive too little are entitled to benefits
A child does not always come away empty-handed. Anyone who has been included in a will but receives less than their statutory share may claim the difference from the heirs; this is known as the ‘residual statutory share’ (Section 2305 of the German Civil Code (BGB)). Particular caution is required if the will designates someone as an heir but restricts that status, for example through the appointment of an executor, a reversionary inheritance or bequests in favour of third parties. In such cases, the encumbered share of the inheritance may be renounced within six weeks, and the full statutory share may be claimed in cash instead (Section 2306 of the German Civil Code (BGB)). This time limit is short, and anyone who allows it to lapse remains bound by the encumbrances.
Information first, payment second
Anyone who has been disinherited is generally unaware of the contents of the estate. Bank balances, securities holdings, the condition of the house – all this is known to the heir. The law redresses this imbalance. The entitled party may require the heir to provide a complete inventory of the estate, including any gifts that may be relevant to their claim. If the private inventory is not sufficient, they may request a notarial inventory of the estate, which is considered to be significantly more reliable. They may also request a valuation of individual items; in the case of a property, this would mean an expert’s report. The costs of this are borne by the estate, not by the beneficiary personally (Section 2314 of the German Civil Code (BGB)). Indirectly, however, the beneficiary does contribute to these costs, as they reduce the value of the estate and thus the basis for calculating the compulsory portion.
The decisive factor is the market value on the date of death, i.e. the price that could be realised if the property were sold on the open market. The purchase price from thirty years ago is just as irrelevant as the value the heir considers appropriate.
Gifts made during one’s lifetime are taken into account
The actual conflict between siblings often begins long before the inheritance is settled, namely when the parents transfer the house to one child whilst they are still alive. However, the statutory share is not without recourse. If the deceased made a gift within the last ten years prior to their death, the value of that gift is fictitiously added to the estate for the purposes of calculation and increases the entitlement as a so-called ‘supplement to the statutory share’ (Section 2325 of the German Civil Code (BGB)). It makes no difference whether the recipient was a third party or the inheriting brother himself.
The value of the gift is reduced over time. A gift made in the year immediately preceding death counts in full; for each subsequent year prior to death, the value is reduced by one-tenth, and after ten years it is no longer counted at all. There are two important exceptions. In the case of gifts between spouses, the period only begins to run from the end of the marriage. Furthermore, according to case law, it does not begin to run at all as long as the deceased continued to make substantial use of the gifted property. This is usually the case with a reserved usufruct; with a right of residence over the entire property, it depends on the circumstances. Consequently, it is often the case that a property transferred at an early stage – one in which the parents continued to live until the very end – is nevertheless included in the calculation.
Conversely, a gift made to the disinherited person themselves may reduce their claim, but only if the deceased specified that the gift was to be set off at the latest at the time of the gift (Section 2315 of the German Civil Code (BGB)). This cannot be stipulated retrospectively, for example in the will. A separate rule applies to the adjustment for gifts. If the beneficiary has received a gift themselves, it is set off against their entitlement even without such a provision (Section 2327 of the German Civil Code (BGB)). Finally, the calculation may be affected by special contributions made by individual children, for example if one of them cared for the deceased over a number of years; the law provides for a compensation mechanism in such cases, which may increase the compulsory share of the child who provided the care (Sections 2316, 2057a of the German Civil Code (BGB)).
If the estate is insufficient to cover the shortfall because almost everything has been given away, the recipient of the gift – for example, the brother who received the house whilst the testator was still alive – may be held liable under the conditions set out in Section 2329 of the German Civil Code (BGB). Notwithstanding the general rule, this claim becomes time-barred exactly three years after the opening of the succession, regardless of whether the claimant was aware of it or not. If the heir is himself entitled to a compulsory share, he may also refuse to make up the shortfall to the extent that doing so would otherwise deprive him of his own compulsory share (Section 2328 of the German Civil Code (BGB)).
Three years – rarely more
The right to a compulsory share is generally subject to a limitation period of three years. The period begins at the end of the year in which the disinherited person became aware of the death and of their disinheritance (Sections 195 and 199 of the German Civil Code (BGB)). Anyone who learns of the death and the will in March 2026 may therefore make a claim until the end of 2029. Irrespective of whether the person was aware of these facts, the right to claim expires at the latest thirty years after the opening of the succession. Three years may sound like plenty of time. In families where there is discord, however, they pass surprisingly quickly, especially as obtaining information, expert reports and negotiations can themselves take months.
The special case of the Berlin will
A special rule applies where the parents had a joint will, usually in the form of a ‘Berlin will’. If the parents name each other as sole heirs, the children are disinherited upon the death of the first parent and are already entitled to a compulsory share at that point. However, many of these wills contain a penalty clause. Anyone who claims their statutory share following the first death will then, upon the second death, receive only the statutory share. Whether it is still worth making an early claim depends on the circumstances and should be assessed by a specialist solicitor before a decision is made.
How to make a claim
The claim is directed at the heirs themselves, not the probate court. The court merely opens the will and informs the parties concerned of the parts of its contents that relate to them. It has no role in the payment of the estate. In practice, the process begins with a written request for information. This is followed by the quantification of the claim and negotiations. If the heir fails to pay, the case proceeds to the civil court, often as a staged claim, which first demands disclosure and then payment. At this stage, at the latest, the matter should be referred to a specialist solicitor in inheritance law.
When a payout between siblings gets stuck
Normally, the statutory share is claimed and paid out by the heirs in the usual way. However, matters often become protracted, particularly amongst siblings who are at odds with one another – for example, if the information provided is incomplete, the value of the family home is underestimated, or the process is dragged out. This is precisely where Erbfinanz can help. We can bear the financial risk of enforcing your claim, so that you do not have to pay for solicitors, expert reports and court costs up front. Legal representation is always provided by a specialist solicitor.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
When siblings actually inherit
The fact that there is no compulsory share does not mean that siblings play no part in inheritance law. They can inherit in two ways.
The first is a will or an inheritance agreement. The deceased is entirely free to leave something to their siblings – whether as sole heirs, in proportion to a share, or by way of a bequest, i.e. a specific item or sum of money. This is often the case for people without children.
The second method is intestate succession. This applies when there is no valid will and follows a fixed order of succession. First to inherit are the descendants, that is, children, grandchildren and great-grandchildren. Only if there are none does the second order come into play, which includes the deceased’s parents and their descendants, i.e. his or her siblings (Section 1925 of the German Civil Code (BGB)). If both parents are still alive, they inherit solely and in equal shares. If one parent has predeceased the deceased, that parent’s children take their place. Contrary to what is often assumed, therefore, it is not necessary for both parents to be deceased for siblings to inherit.
Here is an example. An unmarried man with no children dies without a will. His father has long since passed away, but his mother is still alive; he also has a brother and a sister. The mother inherits half. The other half, which would have gone to the father, is shared between the brother and sister, with each receiving a quarter.
If the deceased was married, the spouse inherits half alongside the second-order heirs; under the statutory matrimonial property regime of community of accrued gains, this is generally as much as three-quarters, and the spouse receives the household effects in advance as a so-called ‘advance’ (Sections 1931, 1371, 1932 BGB). Only the remainder is then left for parents and siblings.
Half-siblings inherit according to the same principle, but only through the line of the parent they share. A half-brother through the father therefore only takes the father’s place; he has no claim to the mother’s half of the estate. Step-siblings are not legally related and do not inherit at all in the absence of a will. Adoption during childhood changes this, as it establishes full legal kinship.
And what if a will excludes the siblings? In that case, the situation stands as it is; there is no compensation. The situation is different only if the will is invalid, for example due to formal defects or because the deceased was no longer of sound mind when drafting it. In that case, statutory succession applies, and siblings may once again be entitled to a share. Whether such doubts are valid is clarified in proceedings before the probate court during the application for a certificate of inheritance and should be assessed by a solicitor beforehand.
What siblings who stand to inherit need to bear in mind
Anyone who inherits takes over the estate in its entirety, including the house and bank accounts as well as any debts (Sections 1922 and 1967 of the German Civil Code (BGB)). If there is any doubt as to whether the inheritance is worthwhile, the heir has six weeks to renounce it, calculated from the date on which they become aware of the death and their own status as an heir. If the inheritance is based on a will, the period does not begin until the will has been announced by the probate court. If the deceased’s last place of residence was exclusively abroad, or if the heir is abroad when the period begins, the period is six months (Section 1944 of the German Civil Code (BGB)).
If several siblings inherit jointly, they form a community of heirs. They can only dispose of the estate’s assets – such as the sale of the family home – jointly, and majority decisions are required even for day-to-day administration. The liabilities they must settle from the estate also include the statutory share claims of disinherited children or the spouse, including any supplementary payments due to previous gifts. As a result, the amount each sibling ultimately receives may be significantly reduced.
The tax office should also be included on the list. A taxable acquisition must be reported in writing within three months of becoming aware of it; an official form is not required for this (Section 30 of the Inheritance Tax Act). If the acquisition is based on a will validated by a court, the notification may not be required; however, this does not apply if the estate includes, for example, property or assets held abroad. As regards the tax itself, the law treats siblings significantly more strictly than children. Inheriting brothers and sisters are entitled to an allowance of only 20,000 euros and, in tax class II, pay rates of between 15 and 43 per cent. Children are entitled to an allowance of 400,000 euros and fall into tax class I, with rates of 7 to 30 per cent (Sections 15, 16 and 19 of the Inheritance Tax Act). This also applies to the compulsory share of a disinherited child, which is only taxed once it is actually claimed.
The mistakes that cost the most
The most common misconception is the expectation that, as a brother or sister, one is entitled to at least half of the statutory share of the inheritance in the event of disinheritance. However, the statutory right of siblings to inherit is not linked to any minimum share. A will can completely eliminate this right, and this is precisely what distinguishes siblings from children, spouses and parents.
Almost as common is the concern that one must contest the will or formally renounce the inheritance in order to safeguard one’s rights. Anyone who was simply overlooked as a child never became an heir and does not need to renounce anything. Their right to a compulsory share arises automatically upon the testator’s death. Only those who receive a burdened share of the inheritance under the will must, as described above, make a decision within a specified time limit. However, even those who have simply been omitted must take action, as the claim must be asserted against the heirs, and anyone who waits too long risks the claim becoming time-barred.
Some disinherited persons also take the clause in the will seriously, to the effect that they should not receive „even the statutory share“. A parent may only deprive a child of their statutory share in a few extreme cases, which are exhaustively set out by law, such as following serious criminal offences against the testator or persons close to them (Section 2333 of the German Civil Code (BGB)). The reason must be stated in the will and, as a general rule, must have existed at the time the will was drawn up; in the event of a dispute, the burden of proof lies with the party invoking the deprivation (Section 2336 of the German Civil Code (BGB)). A falling-out, a breakdown in contact or disappointment are not sufficient grounds.
Occasionally, the heir will ultimately cite an old family agreement to the disinherited sibling, claiming that they had long since waived all claims. A waiver of the compulsory share is only valid if it takes the form of a contract drawn up by a notary, usually in return for a settlement (Sections 2346, 2348 of the German Civil Code (BGB)). Verbal agreements made around the kitchen table are not binding on anyone.
Frequently Asked Questions
Is my brother entitled to a compulsory share if I disinherit him?
No. Siblings are never entitled to a compulsory share. You can completely exclude your brother from the succession in your will without any payment being due. The only factors to consider are the compulsory shares of your own children, your spouse or, if you have no children, your parents.
My sister is inheriting everything; I’ve been disinherited. What am I entitled to?
As a child of the deceased, you are entitled to the compulsory share, i.e. half of your statutory share of the inheritance in cash. Where a widowed parent has two children, this amounts to a quarter of the value of the estate, net of debts. This claim is against your sister as an heir.
Are half-siblings entitled to a compulsory share?
No. When it comes to the compulsory share, half-siblings are treated in the same way as full siblings; neither receives a share. However, half-siblings do have a statutory right to inherit if the deceased leaves no descendants, there is no will, and the parent they share with has already died; in that case, they inherit in that parent’s place.
Can siblings who have been disinherited challenge the will?
Merely being dissatisfied with the outcome is not sufficient. There is only a chance of success if there are serious doubts as to the validity of the will, for example regarding the testator’s capacity to make a will or whether it was drawn up in their own hand. Such objections are examined during the proceedings to obtain a certificate of inheritance and should be assessed in advance by a specialist solicitor.
How long do I have to claim my statutory share as a disinherited child?
Three years from the end of the year in which you became aware of the death and the disinheritance, but no later than thirty years after the opening of the succession.
As a brother who is to inherit, do I have to pay the compulsory share straight away?
As a rule, the claim must be settled immediately, even if the assets are tied up in a property. In such cases, the payment must be financed, for example through a mortgage or sale. Only in cases of undue hardship may a deferral be considered as an exception (Section 2331a of the German Civil Code (BGB)).
What really matters in the end
The statutory share amongst siblings is a matter of role. As the brother or sister of a deceased person, you have no claim to it, however close your relationship may have been. As a disinherited child of your parents, you are entitled to the full statutory share, even – and especially – when your own siblings are the other party. And as inheriting siblings, you also assume the liabilities of the estate, ranging from debts to the compulsory share of any children who have been disinherited.
The first step is therefore always the same. Determine which of these roles you are in, and then gather the relevant information, documents and deadlines. Everything else – from the valuation of the family home to negotiating the payment – builds on this.
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.