Note: The information provided replaces No legal advice and serve only as an initial, non-binding orientation in the event of an inheritance.
To use this free service, all you need to do is few key data - Sensitive information is deliberately not requested.
You will receive your personalised result of the instant check immediately after submitting it. You then have the option of using further digital aids or requesting support if required.
Inheritance finance: Enforce your compulsory portion - without detours. Together, we will find the right strategy so that you can assert your potential claim in a legally secure and consistent manner. We will cover all costs incurred - or offer you an advance payment.
Understanding inheritance and your legal share - FAQs and key differences explained
The topic of inheritance often raises uncertainties. Who gets what share of the estate and when is only the compulsory portion considered instead of an inheritance share? This FAQ explains the basics of inheritance claims and compulsory portions in simple language.
An inheritance claim means the right of a person to receive a share of the estate of the deceased. The amount of this share depends on the statutory inheritance quota or a testamentary disposition. The estate includes assets such as money, securities and property as well as existing debts. Several heirs share the estate according to their share and are generally jointly liable for estate liabilities.
The compulsory portion is a monetary claim against the heirs. Descendants (children and, if a child has predeceased the deceased, their descendants) as well as the spouse or registered partner are entitled to a compulsory portion; if there are no descendants, the parents are also entitled to a compulsory portion. The entitlement typically arises in the event of disinheritance or if the consideration is below the compulsory portion. The amount corresponds to half of the statutory inheritance share. Those entitled to a compulsory portion do not become part of the community of heirs and are not liable for estate debts; the claim must be actively asserted. This information provides guidance and does not replace an individual examination.
Although a compulsory portion claim arises with the inheritance, it is not usually fulfilled on its own. It is customary for persons entitled to a compulsory portion to assert the claim against the heirs themselves. This usually involves a written notification, often combined with a request for information about the estate so that the amount of the compulsory portion can be determined. Without such action, no payment is usually made. The law also provides for time limits after which the claim can no longer be asserted.
When it comes to inheritance claims, i.e. claims by heirs against persons who hold property from the estate, two limitation periods apply. In most cases, a three-year period begins from the end of the year in which both the claim and the other party became aware of it. Many inheritance law claims therefore expire after three years. In addition, there is a long-term upper limit: certain claims for restitution only become time-barred after 30 years from the date of inheritance, regardless of knowledge. These time limits serve to ensure clarity and liability when it comes to claims against estate owners, and they have become established in the legal system.
There are also two time limits for the compulsory portion - the claim to money that close relatives are entitled to under certain circumstances. Firstly, there is the usual time limit of three years, which begins to run from the end of the year in which you learn of the death and the possible entitlement to a compulsory portion. In addition, there is a very long absolute maximum period of 30 years from the date of inheritance. This means that even if someone does not know anything for a long time, the claim cannot be asserted forever. Special protection applies to minors entitled to a compulsory portion: the limitation period generally only begins when they reach the age of 21, meaning that the claim can still be asserted at a later date.
If, as an heir, you want to know exactly what belongs to the estate, you have the right to request information from those who are heirs or owners of the estate. This means that you can request a list of existing assets - such as bank balances, real estate, jewellery or other valuables - as well as liabilities. In many cases, such a list helps to provide an overview. Sometimes a valuation is also helpful; in this case, for example, an expert opinion can be considered in order to obtain indications of the value of individual components of the estate. This information is for guidance only and does not constitute an individualised guide.
When it comes to the compulsory portion - i.e. a monetary claim from close relatives who were not sufficiently taken into account in the will - there is also a right to information. Those entitled to a compulsory portion can request information from the heirs about what is included in the estate and what liabilities exist. They can request that a clear inventory be drawn up and, under certain circumstances, that this list be notarised or supplemented by an expert opinion. Here too, the inventory helps to better assess the compulsory portion claims. Again, this information is intended to provide a general understanding and does not replace individual advice.
In the case of inheritance claims, it does not matter whether the deceased made gifts during his or her lifetime. Heirs receive their share of the existing estate, regardless of previous gifts.
The situation is different for the compulsory portion: Under certain conditions, larger gifts made by the deceased during their lifetime can be taken into account. This is intended to prevent the estate from being deliberately reduced in size. Such gifts lose their significance over time and are not taken into account at all after a certain period of time. In the case of gifts between spouses, this period only applies from the end of the marriage. If the estate assets are insufficient, a claim can also be made against the person receiving the gift.
Certain things can be organised during your lifetime. For example, a will or contract of inheritance can clearly specify who will receive how much later on. This can avoid misunderstandings and change the legal order of succession.
In the case of a compulsory portion, close relatives have the option of waiving this entitlement. Such a waiver must be recorded in a special contract that is notarised. In this way, families can create clarity in advance without a dispute arising in the event of inheritance.
Special situations can arise with inheritance claims, for example if several people inherit and a community of heirs is created as a result. Estate assets such as real estate or foreign assets also often make the process more complicated.
The compulsory portion is particularly complicated if close relatives have been expressly disinherited, if patchwork families are involved or if the estate is difficult to value. In such constellations, it is often not easy to keep track of claims.
These examples only show typical cases; the situation can be very different in individual cases.
If the instant check indicates that claims are conceivable, there are various ways to proceed. In the case of inheritance claims, it may be a matter of clarifying your own inheritance share, collecting documents or dealing with other heirs of a community. In the case of a compulsory portion, the focus is on whether a claim against the heirs can be considered and what information about the estate is important for this. In both cases, it makes sense to discuss the results with a trusted person or a neutral, expert organisation in order to better assess the next steps.