Weeks ago, you claimed your statutory share and requested information about the estate. Since then, there has been complete silence. Or perhaps you received a reply that was of no use: half a page of rounded figures, a house valued at twenty years’ ago, a bank account that supposedly had hardly anything left in it, even though your father had saved all his life.
Anyone who finds themselves stuck at this stage has nothing to lose. The claim remains valid until it is settled or time-barred, and behind most deadlocks lies a familiar pattern for which the law provides a suitable remedy. Which one it is depends on where the problem lies. The article describes the normal process from registration to payment Claiming a compulsory share. This is about the points at which this process gets stuck.
There is no response at all to the request for information
How to tell
The letter has been verifiably delivered, yet nobody gets in touch. Or we receive replies that sound as though things are moving forward, but in reality they aren’t. The tax adviser has the documents. We have to wait for the certificate of inheritance first. The tax office hasn’t finished the valuation yet. The bank won’t release anything. Months go by, and specific questions never receive a specific answer.
None of these reasons holds water. A certificate of inheritance is not a prerequisite for obtaining this information. The tax office’s assessment relates to inheritance tax and has nothing to do with the statutory share. Furthermore, heirs can request the deceased’s records from the bank, even retrospectively for several years.
What lies behind it
Not every silence is a tactic. Anyone who has just inherited often has to sort out their accounts and contracts first, whilst still grieving. It is therefore normal to expect a few weeks’ patience.
However, if every enquiry comes to nothing, there is usually a simple reason for the silence. Without any information, you cannot quantify your claim, and a claim without a specific amount does no harm to anyone. Those who do not reply shift the entire burden onto the other party and wait to see if they will persevere. Some heirs also simply believe that the matter will sort itself out if it is left alone for long enough. It will not, however, as long as the limitation period has not expired.
However, nothing happens of its own accord. The probate court opens the will and sends out the notifications, but it does not deal with enquiries or payments. Anyone wishing to claim their statutory share must follow up on this themselves or have someone else do so on their behalf.
The next step
An initial letter that goes unanswered is usually followed by a second one, this time sent by a method that provides proof of delivery – such as registered post with proof of delivery – setting a deadline of a few weeks and clearly stating that a solicitor will take over after that. The letter does not simply request any form of response, but rather a structured inventory of the estate’s assets (Section 2314 of the German Civil Code (BGB)). The article on A staged reminder regarding the compulsory share.
If this deadline also passes, further reminders will be of no avail. The only option remaining is an action for disclosure, usually as the first stage of a multi-stage claim, which first compels disclosure and, within the same proceedings, compels payment. This should be handled by a solicitor specialising in inheritance law. Incidentally, complete silence is the most favourable starting point in such cases, as the refusal can be proven beyond doubt.
Instead of an inventory of the estate, an informal list is provided
How to tell
An email arrives containing a few figures or a table, but it remains unclear which date the account balances refer to. Household contents are simply described as „liquidated“; the car does not feature at all, and there is no mention of securities, building society savings schemes or a safe-deposit box. Funeral costs and all debts, on the other hand, are listed down to the last cent. There is no mention whatsoever of gifts made in previous years, and when asked, the reply is simply that there is nothing more.
What lies behind it
Sometimes it is simply a lack of knowledge, as many heirs have never heard what an inventory of the estate must contain, and simply write down whatever comes to mind. Just as often, the lack of clarity is down to the method used. A vague list does not commit to anything, can be „corrected“ at any time later on, and dampens expectations right from the start.
The legal standard is different. A properly organised list of all assets and liabilities as at the date of death must be provided (Sections 2314 and 260 of the German Civil Code (BGB)), item by item rather than in aggregate headings. In addition to bank accounts, property and valuables, this also includes the deceased’s claims, such as those arising from a private loan, life insurance policies including beneficiaries, and gifts made in previous years which may increase the entitlement to the so-called ‘supplement to the compulsory portion’. Furthermore, there is generally no entitlement to individual documents such as bank statements. Whilst this may sound like a shortcoming, the law compensates for it elsewhere.
The next step
You may request a notarial inventory of the estate (Section 2314 of the German Civil Code (BGB)), even if a private inventory already exists, and without having to prove that it contains errors. The difference lies in the procedure. The notary must not simply certify whatever the heirs dictate to him. According to the case law of the Federal Court of Justice, he must ascertain the contents of the estate himself, as thoroughly as an objective third party in your position would deem necessary. This typically involves reviewing complete bank statements for the last ten years, consulting the land register, investigating large withdrawals that may indicate gifts, and documenting his own enquiries in the inventory. Depending on the case, this may also involve enquiring with banks at your last place of residence about any further accounts. If this information is missing, the inventory is incomplete, and you may request that it be supplemented.
You are also entitled to request to be present during the inventory and to make your own comments at that time. The costs are borne by the estate, not by you personally. They only reduce your claim on a pro rata basis, as they are deducted from the value of the estate.
If, despite everything, there remain reasonable doubts as to whether the information is complete, the final step is to provide an affidavit (Section 260(2) of the German Civil Code (BGB)). The heirs must then make a statutory declaration before the local court that, to the best of their knowledge, they have provided a complete inventory; making a false declaration constitutes a criminal offence. Experience shows that inventories tend to become surprisingly complete in the run-up to this hearing.
The property is priced remarkably low
How to tell
The valuation list shows a round figure with no explanation whatsoever. Alternatively, the value corresponds to the purchase price from thirty years ago, an old tax assessment, or a rough estimate by an estate agent who subsequently wishes to market the property themselves. High flat-rate deductions for an alleged backlog of renovation work are a common tactic, or the deceased’s right of residence is deducted from the value, even though this right ceased upon their death. In another scenario, the house has long since been sold – either to the daughter of the co-heir at a „family price“ or to a third party shortly after the inheritance took effect – but you are not told the price achieved.
What lies behind it
If a property forms part of an estate, it is usually the largest asset, so a large proportion of the entitlement is determined by its value. Heirs who keep the house or live in it themselves pay the compulsory share out of their own pocket. Every euro by which the value is set lower reduces your entitlement proportionally and provides you with immediate relief.
However, the decisive factor is the market value on the date of death (Section 2311 of the German Civil Code (BGB)), i.e. the price that could have been obtained on the open market on that date. Past purchase prices and tax values are not relevant. Existing rights of third parties reduce the value, such as a continuing right of residence held by the new partner. Rights that were held solely by the deceased, on the other hand, ceased to exist upon death and are not to be deducted.
The next step
Publicly available figures, such as standard land values and the asking prices of comparable properties in the area, provide an initial basis for assessment. If the assessed value is significantly lower than this, you may request a valuation by an impartial expert (Section 2314 of the German Civil Code (BGB)). These costs are also borne by the estate. You cannot insist on a specific valuer, but you can ensure that they are independent of both parties.
The valuation report does not settle the dispute once and for all, as the value may be reassessed during the proceedings concerning payment. Nevertheless, it fundamentally changes the situation for negotiations, as the figure no longer comes from just one party. If the property has already been sold, this does not negate the right to a valuation. In the event of a prompt sale at market price, the proceeds realised are in any case the strongest indication of the value on the date of death. This does not apply in the case of a sale to relatives or under suspicious circumstances; in such cases, the true value must still be determined. The article on Statutory share in relation to houses and property.
Donations from recent years are completely missing
How to tell
The inventory begins and ends with the date of death. Yet you know from the family that the house was transferred to the brother’s name years ago, although the mother continued to live there until the very end. Or perhaps the bank account has steadily dwindled over the last few years whilst a relative held power of attorney. When asked about the life insurance policy, you’re told that it’s not part of the estate and is none of your business. And at some point, someone says that it’s all been sorted out long ago or is time-barred.
What lies behind it
A gift does not mean it is lost. Gifts made in the ten years prior to death are added to the estate on a pro rata basis for the purposes of calculation and increase the entitlement to the supplementary compulsory portion (Section 2325 of the German Civil Code (BGB)). The article explains how this addition works and why the value of a gift decreases with each passing year: Claim to a supplementary compulsory portion. If the deceased had reserved the right of use – for example, through a usufruct or a comprehensive right of residence in the gifted house – the ten-year period may not even begin to run. In that case, even a transfer made fifteen years ago would still count in full. As regards houses that were transferred during their lifetime, as explained in a separate article. In the case of gifts between spouses, the time limit does not begin until the marriage is dissolved.
On closer inspection, the other two traditional approaches also fall short. Although a life assurance policy with a named beneficiary pays out directly to the beneficiary, bypassing the estate, However, according to case law, it still counts towards the compulsory portion supplement, generally based on its surrender value at the end of the policyholder’s life – that is, the amount the insurance company would have paid out had the policy been surrendered shortly before death. Furthermore, large withdrawals made via a power of attorney are, depending on the circumstances, either gifts that form part of the supplement, or they give rise to claims for repayment, which in turn form part of the estate. The heirs’ duty to provide information also covers this. A list that does not include details of gifts is incomplete, even if every account is correct.
The next step
The request for information must explicitly include gifts, with a clear time frame – that is, the last ten years and, in the case of transferred property, further back as well. Your own leads carry more weight than many people realise. A date heard second-hand or the name of the family bank may be sufficient, as the notary is obliged to investigate any specific leads when compiling the notarial inventory. In the case of land, the most direct route is via the land register. Heirs entitled to a compulsory share are generally granted access due to their legitimate interest, and the land register sets out the transfer, the date and any registered usufruct in black and white. A valuation may also be requested for gifted items, at least where it is established that they form part of the calculation.
If the estate is insufficient to cover the supplementary payment, a claim may also be brought directly against the person who received the gift (Section 2329 of the German Civil Code (BGB)). This claim becomes time-barred exactly three years after the opening of the succession, regardless of whether you could have known about the gift at all (Section 2332 of the German Civil Code (BGB)). In the case of concealed gifts, therefore, stalling is more dangerous than in any other situation.
A low severance offer, or they’re playing for time
How to tell
A lump-sum offer arrives „to settle all claims“, without a list of claims or an invoice, but accompanied by gentle pressure. They say that’s the best they can do; they don’t want to put any further strain on family harmony, and the offer is only valid until the end of the month. Sometimes the payment is explicitly conditional on you waiving the right to a notarised inventory. Or the other scenario plays out. Negotiations drag on and on, always in a friendly manner, never binding; replies take longer each time, and the closer the end of the year gets, the more stubborn the tone becomes.
What lies behind it
Time is on the side of the party required to pay. The claim to a compulsory share is generally subject to a limitation period of three years, calculated from the end of the year in which you became aware of the inheritance and of your disinheritance. This article sets out all the time limits and when they begin. Claiming and securing your statutory share.
This stalling tactic is made possible by two common misconceptions. A letter of reminder does not suspend the limitation period, not even if sent by a solicitor. Serious negotiations do, however, suspend the limitation period, thereby halting it temporarily (Section 203 of the German Civil Code (BGB)). However, this effect ceases as soon as the discussions peter out, and whether a polite exchange of correspondence ever constituted negotiations in the legal sense often only becomes clear in retrospect. The limitation period is only reliably suspended by legal action, such as a claim or a court order for payment (Section 204 of the German Civil Code (BGB)).
With a lump-sum settlement, the risk lies elsewhere. Without full disclosure, you do not know what you are giving up. Anyone who signs a settlement agreement that settles all claims will, as a rule, be unable to make any further claims later on, even if a securities account or a previously undisclosed gift comes to light. This is precisely why settlement agreements are often offered before a full list of assets is on the table.
The next step
An offer is not a bad thing; it simply needs to be verifiable. To do this, we first need the full list and reliable figures; until then, it is simply impossible to assess whether the amount is fair. As long as both are missing, there is no reason to commit to a figure, and every reason to complete the enquiry using the methods described above.
A binding commitment helps to prevent stalling. If the heirs fail to pay in response to a specific demand setting a clear deadline, they are in default (Section 286 of the German Civil Code (BGB)), and from that point onwards, default interest of five percentage points above the base rate accrues (Section 288 BGB). This means that, for the first time, there is a cost to waiting, which increases from month to month. As the end of the limitation period approaches, the case should be referred to a solicitor without delay, as only legal action can then reliably halt the clock.
Where self-help ends
Those affected can take the initiative on many of these matters themselves. A formal request for information with a deadline, a request for a proper register, and inspection of the land register – all of these cost little more than time and postage. This article explains which steps can be taken without a solicitor and where going it alone becomes unfeasible. Claiming your statutory share without a solicitor. However, this comes to an end at three points.
The first is the valuation report. You are entitled to have the property valued, but if the heirs simply refuse, this right can only be enforced through the courts. A counter-valuation report, which you commission on your own initiative, is, however, at your own expense.
The second option is the notarial inventory. It is the heirs, not you, who instruct the notary, and it often takes many months for the inventory to be completed – in particularly complex cases, more than a year – especially as many notaries are already fully occupied with such assignments. Without persistent follow-up, the proceedings come to a standstill. Even a successful judgment ordering the disclosure of information does not automatically lead to the inventory; if necessary, it must be enforced by means of a penalty payment. All of this is feasible, but it requires advance payments for the solicitor and court fees, and possibly later for expert witnesses, and above all, perseverance. The article on this subject shows what costs can be incurred and who ultimately bears them, what it really costs to claim your statutory share.
The third factor is time itself. Whilst the compilation of evidence, expert reports and correspondence are ongoing, the deadlines continue to run, and any delay works in the other party’s favour.
None of this suggests that the claim is weak. Often the opposite is true, because people put up the most resistance when there is a lot at stake.
Frequently Asked Questions
The heirs won’t show me the will. How can I find out what’s in it?
You will not be informed of the contents by the heirs, but by the probate court. It opens the will and notifies everyone affected by it, including disinherited relatives. The notification is usually accompanied by a copy of the will. If this is missing or appears to be incomplete, you can apply to the probate court to inspect the probate file and request copies. As a person entitled to a compulsory share, you have the legitimate interest required to do so.
Can’t I just ask the bank or the tax office myself?
In principle, no. The bank provides information to its customers and their heirs, not to those entitled to a compulsory share, and the tax office upholds tax confidentiality. Their right to information is therefore directed solely at the heirs. This is precisely why the notarial inventory is so valuable, as it is there that the notary obtains the account documents relating to the heirs, who must cooperate in this process.
How long does it take for the payment to be made if the heirs put a hold on it?
That depends on how far the heirs take the matter. If things start to move after a formal reminder has been sent, it often takes a few months. If a notarial inventory is required, that alone can frequently take a year. If legal action is taken, it can take several years. This article shows where most of the time is lost along the way and what factors can speed things up. Get your statutory share paid out quickly.
When it is not the ambition that is the problem, but the staying power
Normally, the compulsory share is claimed and paid out by the heirs as a matter of course; this requires neither a court nor Erbfinanz. Things become difficult in the situations discussed on this page when, although a request for information, an inventory and a valuation could be enforced, nobody is able or willing to provide the advance payments and demonstrate the perseverance required for a protracted legal process. This is precisely when Erbfinanz steps in to help. Via the funded enforcement We can cover the cost risk – that is, legal fees, expert reports and court costs – so that you do not have to pay anything up front. Payment is made from the proceeds, with a share agreed in advance and payable only if the case is successful. Legal representation is always provided by a specialist solicitor – either your own, if you wish, or one we can arrange from our network. And if a secure, swift settlement is more important to you than the highest possible amount, then the Sale of the claim One option. Whilst the purchase price would then remain below the amount that might be recovered following successful enforcement, it is, however, guaranteed and available promptly.
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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.
