What is a step reminder? How to get your compulsory portion moving
Anyone claiming their compulsory portion often needs one thing above all: strong nerves. Many heirs play for time, do not provide any information or ignore requests completely. This is not only frustrating, but also bogs you down financially. Because as long as you don't know how much the estate is worth, you often won't see a cent.
This is where the so-called step-by-step reminder comes into play. In many cases, it is an effective lever to end the dilemma. Instead of suing directly for a sum X (which you usually don't even know without information), the heir is asked to pay in stages: Firstly for information, then for a valuation and finally for payment.
The aim: to build up pressure. If the heir falls into arrears, interest on arrears often accrues - an argument that suddenly makes many debtors very co-operative. A clever strategy is crucial here, because mistakes in asserting claims cost time and, in the worst case, your money.
Basic knowledge: What you are entitled to (and what you are not)
Being disinherited is often a hard blow emotionally. The good news is that the law does not usually leave close relatives empty-handed. Even if you were not included in the will, you are usually entitled to a minimum financial share of the estate - the so-called compulsory portion.
This is often the first misunderstanding: the compulsory portion does not make you a co-heir.
- No right to a say: You can't decide what happens to the house or the family jewellery.
- Pure monetary claim: You „only“ have a claim against the heir for payment of a sum of money.
This may sound sobering at first, but it has a decisive advantage: you don't have to deal with communities of heirs or take care of the sale of property. You simply want to be paid out.
Who gets what?
The circle of beneficiaries is narrowly defined. As a rule, only the closest family members are entitled to the compulsory portion if they have been disinherited:
- Children (marital, non-marital and adopted)
- Spouse (or registered life partner)
- Parents (usually only if the deceased left no children)
Siblings, aunts or nephews generally receive no compulsory portion.
The rule of thumb for the amount: The compulsory portion is half of what you would have received if there had been no will (i.e. half of your statutory inheritance share).
Kassensturz: How much money are you actually entitled to?
The calculation is simple on paper. You take the total value of the estate on the date of death and divide it by the quota. Everything belongs in this pot. This includes real estate, the money in the account, shares and also valuables such as the car or jewellery.
The problem in practice is often a different one. You usually don't know the exact figures. As an outsider, you rarely know exactly what is in the accounts or how much the house is currently worth. Without this information, you cannot demand a specific sum. That's why the law gives you a powerful tool. You have a right to information. The heir must put their cards on the table.
If the inheritance was previously „given away“
A classic case often causes trouble. The deceased has already given away their assets during their lifetime in order to minimise the compulsory portion. The house was transferred to the favourite child years ago and the account is empty.
The legislator puts a stop to this. This is called the right to a supplementary compulsory portion. In the calculation, these gifts are treated as if they were still included in the estate.
However, not every old gift counts in full. There is a time component here. The longer ago the gift was made, the less it is taken into account. After ten years, most gifts are usually no longer relevant for the compulsory portion. However, it is almost always worth taking a closer look here.
When does the money actually flow?
The entitlement to the compulsory portion arises immediately on the date of death. That is the theory. In practice, of course, nobody transfers the money to you at the grave.
You have to take action yourself. This is particularly true when it comes to interest. Many people believe that interest accrues automatically. This is often a misconception. As a rule, you must specifically request payment from the heir. You have to set a deadline. The heir is only in default once this deadline has passed.
From this moment on, the clock is ticking for you. The heir must then pay interest on arrears in addition to the sum due. This is an important means of exerting pressure. Every day of waiting costs the other party hard cash.
Why things are often so slow
Being right and getting right are two different things. Those entitled to a compulsory portion often realise this quickly. Their biggest problem is the lack of insight.
The heir has the upper hand. He has access to the accounts. He has the keys to the house. You are on the outside for the time being. Without this information, you cannot calculate your claim. You simply don't know how much money you are entitled to.
Many heirs take advantage of this. They play for time. They only reveal information in bits and pieces or remain completely silent. This is often a tactic. They want to wear you down. Many entitled persons then give up at some point, exasperated, or accept a settlement that is far too small. This is often precisely the aim of the other side.
Disinherited - and now?
The letter from the probate court has arrived. You are not in the will. This is a shock at first. Many people think at this moment: I won't get anything. But that is almost always wrong.
The law protects the closest family. It says quite clearly: you cannot simply leave children or spouses completely destitute. That's why there is the compulsory portion. This is your guaranteed minimum share of the assets. This entitlement is worth hard cash. It arises immediately upon the death of the testator. So you have not become an heir. But you are a creditor. The heir owes you money.
Can the compulsory portion be cancelled completely?
The testator did not want to leave you anything. The will may even say: „I am also withdrawing the compulsory portion from my son.“ This unsettles many of those affected.
I can usually reassure you here. The hurdles are extremely high. A normal family dispute is not enough. Even if you haven't had any contact for years, your claim remains valid.
The law only permits complete withdrawal in cases of hardship. We are talking about serious criminal offences here. Anyone who has attempted to kill the deceased loses their entitlement. A conviction to a long prison sentence without parole can also be a reason. These are absolutely exceptional cases. In a „normal“ broken family relationship, the compulsory portion is almost untouchable.
Caution with the „Berlin will“
The Berlin will is a classic among married couples. The parents appoint each other as sole heirs. The children should only inherit when both parents have died. For you as a child, this initially means that you are disinherited.
Now you could claim your compulsory portion. But there is often a trap lurking here. Many of these wills contain a so-called compulsory portion penalty clause.
The rule is simple. Anyone who rebels and demands money after the first death is penalised. Even after the death of the second parent, they will only receive the compulsory portion. The normal inheritance is then lost.
You have to do the maths here. Sometimes it's worth waiting. Sometimes, however, the surviving parent is still very young or spends the assets with full hands. Then the „bird in the hand“ (the immediate compulsory portion) can be better than the „pigeon on the roof“. Do the maths carefully.
The trick with life insurance
Life insurance policies are a special case. Testators often use them to channel assets past the estate.
It works like this: The contract specifies a beneficiary. If the deceased dies, the insurance company pays the money directly to this person. This money does not end up in the general estate pot. This reduces the total value of the inheritance. Your compulsory portion is correspondingly smaller.
Don't be fobbed off immediately. There is a back door. These payments or the premiums paid often count as a gift. Then the claim to a supplementary compulsory portion applies again. You will not receive the money from the insurance company directly. But the heir must pay you compensation. It is almost always worth taking a closer look at the documents.
No money without information: your right to information
Are you in the dark? That's the strategy of many heirs. They keep the documents to themselves. They hope that you will be satisfied with a small lump sum.
Do not get involved. You can only calculate your compulsory portion once you know the exact value of the estate. The law is on your side here. The heir is obliged to provide information. He must list in black and white what was there on the date of death. This document is called an inventory of the estate. Without this list, you should not give any figures or sign any settlements.
What must be on the list?
The heir must not be selective. He must disclose everything. The list must be complete.
Of course, this includes property, bank accounts and shares. But things that you tend to „forget“ also need to be included. For example, cash in your home, expensive jewellery, your car or your art collection.
Debts are just as important. The compulsory portion is calculated from the net estate. The debts are deducted from the assets. This includes outstanding bills, loans and funeral costs. The final result is only correct if both are listed in full.
Be careful with self-made lists
Often you simply get an Excel spreadsheet or a handwritten note. This is often inaccurate or incomplete.
You have a strong lever here. In many cases, you can request a notarised inventory of the estate. The heir must then go to the notary. The notary will then determine the estate himself. He writes to the banks. He checks the documents. This massively increases the pressure on the heir. It makes it much more difficult to conceal assets.
There are also often disputes about values. What is the old house really worth? The heir often sets the value low. You don't have to take their word for it. In the case of property or company shares, you often have the right to an expert's report.
The popular excuse: „The notary doesn't have time“
Anyone requesting a notarised inventory of the estate often needs patience. Heirs like to use this as an excuse. They then say: „I would be happy to provide information, but the notary doesn't have an appointment for another three months.“
Don't let this hold you up forever. There is no rigid deadline in the law (such as „exactly 4 weeks“). But judges don't like it when months go by without anything happening.
The heir must not hide behind the notary. He is the client. If the notary dawdles, that's his problem, not yours. He must step on the notary's toes. If nothing progresses at all, he must look for another notary if necessary. „Inactivity“ is not an acceptable permanent state.
Build up pressure: How to get your money
At some point, the time for friendly letters is over. If the heir stonewalls, the only thing that usually helps are clear consequences.
Interest is a powerful means of exerting pressure. As soon as the heir is in arrears, the interest clock starts ticking. With large inheritances, this can quickly add up to several thousand euros per year. Make this clear to the heir. Every day of delay costs them money.
No half measures with the information
A common mistake is a desire for harmony. People settle for an incomplete list „for the sake of peace“. That is dangerous.
If the information is incomplete, you will not be able to calculate your claim correctly. You may then sue for the wrong amount. This can be expensive in court. A clear strategy is essential here. Set deadlines. If they pass, you must be consistent. If you hesitate here, you are only signalling to the heir that you can carry on like this.
The ideal solution: the step-by-step action
Many people make the mistake of prematurely claiming an inaccurate amount. This harbours a high cost risk if it later transpires that the estate is smaller than expected.
The legally clean and economically wiser solution is often the so-called step-by-step action. In this case, three claims are bundled in one procedure, but processed one after the other:
- Information: First, the heir is ordered to submit the inventory of the estate.
- Insurance: If there are any doubts, he must affirm the correctness in lieu of an oath.
- Payment: Only when the figures are on the table is the specific amount quantified and requested.
The advantage: you do not have to commit to a sum at the beginning and minimise your financial risk. In addition, the claim suspends the limitation period for all three stages at the same time.
When doubts remain: The affidavit
A simple estate inventory is quickly drawn up - and often incomplete. If you have concrete evidence that assets have been concealed or the list has been compiled with a lack of care, you have an effective control instrument.
You can require the heir to declare the completeness of the information provided in lieu of an oath. This is not a mere formality. A false declaration is a criminal offence and can be punished with imprisonment. Many heirs therefore correct their „forgotten“ items very quickly as soon as this step is initiated.
Important to know: The costs for the acceptance of this insurance must initially be borne by the applicant (i.e. you).
The statute of limitations: three years pass quickly
The right to a compulsory portion does not last forever. Strict deadline management is required here. In principle, your claim expires after three years.
The time limit is often tricky: it only begins at the end of the year in which the deceased died and you learnt of your disinheritance.
- Example: The inheritance occurs in March 2023. The limitation period begins on 31 December 2023 and ends on 31 December 2026.
Anyone who has not filed a claim by then or has not received a written waiver of the limitation period from the heir irrevocably loses their claim.
The cost risk in litigation
In inheritance law, being right and getting right often depends on liquidity. The principle applies in court: the losing party bears the costs (court and both lawyers).
If you win the case outright, the heir must pay. However, the problem lies in the advance payment. You have to advance court costs and your own legal fees. With high amounts in dispute, this can quickly add up to five-figure sums.
Many compulsory portion beneficiaries shy away from this risk and therefore accept settlements that are far below their actual claim. This is where professional litigation funding can make all the difference: It enables you to assert justified claims on an equal footing without having to risk your own assets.
Conclusion: A strategic approach pays off
Enforcing the compulsory portion is a complex process that requires not only legal knowledge but also a clear strategy.
- Use the step-by-step action to minimise risks.
- Check information critically and use the affidavit if necessary.
- Keep an eye on the limitation periods.
- Do not let cost risks deter you from exercising your rights.
