Calculate the claim
Based on the information you provide, the calculator will show whether you are entitled to a compulsory share and how much it amounts to. You do not need to know the value of the estate to use this.
How the calculator works
- Answering questions about the family You don’t need any documents.
- Get a quote You can also see how it comes about.
- Estimate the amount in euros An approximate value of the estate is sufficient for this purpose.
Note: The result is a guide based on the information you have provided and is not a substitute for advice in individual cases.
How high is the compulsory portion?
The statutory share is generally half of what one would have inherited in the absence of a will (Section 2303 of the German Civil Code (BGB)). The exact amount depends on the family. The four examples therefore all assume the same family: a married couple without a prenuptial agreement and their two children.
The spouse inherits everythingStatutory share per child
50.000 €one-eighth
One parent dies, and the surviving spouse inherits everything, as is customary under the ‘Berlin will’. Without a will, each of the two children would have inherited a quarter; the statutory share is half of that, i.e. one-eighth.
More about the Berlin Will
A child inherits everythingThe other child’s statutory share
100.000 €a quarter
A widowed parent dies and leaves everything to one of their two children. Without a will, both would have inherited half each; the other child is therefore entitled to claim a quarter as their statutory share.
More on the statutory share for children
The children inherit everythingSpouse’s statutory share
50.000 €one-eighth
If one parent dies and leaves everything to their two children, the surviving spouse may claim one-eighth as a compulsory share, as only their share of the estate – one-quarter – is taken into account for this purpose. In addition, a claim for equalisation of accrued gains may apply if the deceased’s assets grew more during the marriage than the spouse’s own.
More on the statutory share for spouses
A child inherits too littleThe child’s entitlement
30.000 €the difference
One parent dies, and although one of the children is named in the will, the amount they are to receive is less than their statutory share. In the example, they inherit 20.000 Euros; his statutory share of one-eighth would amount to 50.000 Euros. The missing 30.000 He can claim this amount from the co-heirs.
More on calculating the compulsory shareThese examples are simplified. The actual amount will depend on the value of the estate.
What forms part of the estate?
The amount depends on the value of the estate. The decisive factor is what was in existence on the date of death, i.e. the deceased person’s total assets less their debts (Section 2311 of the German Civil Code (BGB)).
If the house belonged to both spouses, only the deceased partner’s share is taken into account. However, gifts made in the last ten years may increase the statutory share (§ 2325 BGB).
If you know the approximate value, the calculator will also estimate the amount in euros.
Calculate the claimSample calculation
- Assets on the date of deathProperty, bank accounts, securities and household contents
- €420,000
- Debt and funeralsLoans, outstanding bills and the funeral
- − €20,000
- Value of the estate
- €400,000
- Claim yourat a rate of one-eighth
- €50,000
How is the statutory share paid out?
The statutory share is paid out in cash, but only once you have claimed it from the heirs. As only the heirs initially have access to the estate, the process begins with a request for information.
-
Request information
If you have been disinherited, you may request that the heirs provide you with an inventory listing the entire estate. Upon request, this may be drawn up by a notary (Section 2314 of the German Civil Code (BGB)).
-
Calculate values
In the case of property or shares in a company, the value is not determined from the outset; you can therefore request a valuation, the cost of which will be paid from the estate.
-
Request payment
Once the amount has been determined, you can send the heirs a written request for payment. You generally have three years to do all this; after that, the claim becomes time-barred.
