The will has been opened, and your name does not appear in it. Or you have been left significantly less than you would have expected as a child or spouse. In this situation, the same question almost always arises. What am I entitled to, in concrete terms, and how do I go about claiming this sum?
The answer is less complicated than many people fear. Essentially, to calculate the compulsory share, you only need two figures: your compulsory share ratio and the value of the estate. Both can be worked out step by step. This page explains the calculation, illustrates it with an example and describes how the calculated amount becomes a claim that you can assert against the heirs.
First, a note on the term ‘disinherited’, as this is often where misunderstandings arise. A person is not only disinherited if they are expressly excluded in the will. A person is also disinherited if they are simply not mentioned in it, even though they would have become a statutory heir as a child or spouse. If, for example, parents name one child as sole heir, the other children are thereby excluded from the line of succession, even if this is not explicitly stated anywhere. And even those who have been included in the will may have a claim if their share is smaller than the statutory share. Gifts made by the deceased during their lifetime may also alter the distribution. All three scenarios are covered on this page.
The basic formula for the compulsory share
The compulsory share is a purely monetary claim against the heir or heirs (Section 2303 of the German Civil Code (BGB)). It amounts to half the value of the statutory share of the estate. Anyone who is only entitled to the compulsory share does not become an heir. They do not become a co-owner of the house, do not receive any items from the estate and have no say in its distribution. They may only claim money from the heirs.
This leads to the calculation discussed on this page. First, you determine your statutory share, i.e. half of the share to which you would have been entitled under the law of succession. Then you work out the value of the estate on the date of death, net of debts. Applying this share to that value gives you your statutory share in euros.
Who is entitled to claim a compulsory share
Only three groups are entitled to a compulsory share. Firstly, the descendants of the deceased, i.e. the children and, if a child has already died, the grandchildren in their place. Children born in or out of wedlock and adopted children are treated equally in this respect. Stepchildren who have not been adopted, however, are not included. Next comes the spouse, with registered civil partners being treated equally in this respect. And finally, the deceased’s parents, though only if there are no descendants.
Siblings are never entitled to a compulsory share, nor are nieces, nephews or grandparents. This comes as a surprise to some people who have cared for and looked after a deceased brother or sister. However, anyone who does not belong to one of the three groups mentioned cannot derive any entitlement to a compulsory share.
It must also be the case that the person has been excluded from the succession by will or inheritance contract, or will receive less than their statutory share. Anyone who inherits under the rules of intestate succession does not require the statutory share, as they are already an heir.
Step 1: Determine the statutory share
The compulsory share is half the statutory share of the inheritance. So, to begin with, you need to answer a hypothetical question: what would you have been entitled to if there were no will? You then halve that amount.
In the absence of a will, the children inherit first, in equal shares. If the deceased was married, the spouse inherits alongside them. Only if there are no children or grandchildren do the deceased’s parents inherit. The size of each individual share therefore depends primarily on the number of children and on whether there is a spouse.
The spouse’s share depends on the matrimonial property regime
In the case of spouses, there is an additional factor that many people are unaware of: the matrimonial property regime. Most marriages are entered into without a prenuptial agreement and are therefore subject to the statutory matrimonial property regime of community of accrued gains. In this case, the surviving spouse receives, alongside any children, a quarter as their statutory share of the estate and a further quarter as a lump-sum equalisation of the accrued gains (Sections 1931 and 1371(1) of the German Civil Code (BGB)). Together, this amounts to half. The children share the other half.
If separate property has been agreed in a marriage contract, a different distribution applies. Where there is one child, the spouse and the child each inherit half; where there are two children, all three inherit one-third each; and where there are three or more children, the spouse receives one-quarter. In the case of community of property, the spouse’s share remains at one quarter where there are children. The children’s shares are adjusted accordingly in each case.
An overview of the most common odds
The following overview shows the most common scenarios. For married testators, the assumption is that they are subject to the community of accrued gains regime, i.e. the standard situation where there is no marriage contract.
| Situation in the event of inheritance | Statutory share of the estate | Mandatory portion quota |
|---|---|---|
| One child; the deceased was married | 1/2 | 1/4 |
| Two children; the deceased was married | 1/4 each | 1/8 each |
| Three children; the deceased was married | 1/6 each | 1/12 each |
| One child; the deceased was not, or was no longer, married | 1/1 | 1/2 |
| Two children; the testator was not married or was no longer married | 1/2 each | 1/4 each |
| Three children; the deceased was not married or was no longer married | 1/3 each | 1/6 each |
| Spouse alongside children | 1/2 | 1/4 |
| Spouse, alongside the testator’s parents; no children | 3/4 | 3/8 |
If the marriage had already been dissolved at the time of death, the former spouse has neither a statutory right to inherit nor a compulsory share. In such cases, the column for children without a spouse applies.
Disinherited people are also included in the count
The calculation of the share depends on the family circumstances on the date of death, not on who ultimately inherits. Therefore, relatives who have themselves been disinherited, who have renounced the inheritance or who have been declared unworthy of inheritance are also included in the count (Section 2310 of the German Civil Code (BGB)). So, if there are two children and both have been disinherited, each is entitled to the share due to one of two children. The fact that the brother or sister also receives nothing does not increase their own statutory share.
An exception applies to the renunciation of an inheritance. Anyone who has renounced their right to inherit by a notarised deed whilst the testator was still alive is not included in the calculation of the shares. This may result in the shares of the remaining heirs being increased.
Larger and smaller compulsory shares for spouses
For the surviving spouse in a community of accrued gains, the law provides for two methods of calculation. The ‘major compulsory portion’ is calculated on the basis of the flat-rate increased share of the inheritance. In the presence of children, this is half; the major compulsory portion then amounts to a quarter of the value of the estate. The small compulsory share is calculated without the flat-rate increase; in the presence of children, this amounts to one-eighth. In addition, the specifically calculated equalisation of accrued gains may be claimed, which can be worthwhile if a substantial increase in assets occurred during the marriage.
Which approach ultimately applies depends on whether the spouse has been completely disinherited or has been granted a share of the estate or a bequest, and whether they renounce the bequest. Some of these decisions are subject to short deadlines. In such situations, a specialist solicitor will usually work out which option is more favourable.
Get a preliminary idea using the free compulsory share calculator
If you do not wish to calculate your share yourself, you can use our free compulsory portion calculator. It simply asks for your relationship to the deceased and your family situation; no details of your assets are required. Within a few minutes, you will see whether you are, in principle, entitled to a share and what share is likely to apply to you. You can then work out the amount in euros by applying this share to the value of the estate, as described in the next two steps.
Step 2: Determine the value of the estate
The second factor in the calculation is the value of the estate. The decisive factors are the composition and value of the estate at the time of the opening of the succession, i.e. on the date of death (Section 2311 of the German Civil Code (BGB)). Subsequent changes in value do not, in principle, affect the statutory share.
The assets include everything that belonged to the deceased. These include property, bank balances, securities, shareholdings, vehicles, jewellery and household effects, as well as outstanding claims, such as those arising from money lent privately. The market value is used in each case – that is, the price that could be realised if the asset were sold on the market. This is particularly important in the case of property. It is the market value on the date of death that counts, not the purchase price paid previously, nor a value for tax purposes. Encumbrances on a property, such as third-party rights—for example, a right of residence or a usufruct—reduce its value.
Liabilities are deducted. These consist, on the one hand, of the debts left by the deceased, such as an outstanding loan, unpaid bills or tax liabilities. On the other hand, they include the costs incurred as a result of the death itself, in particular funeral costs and the costs of probate.
However, bequests and conditions stipulated by the testator in the will are not deducted, nor is the inheritance tax payable by the heirs. The statutory share is calculated on the basis of the estate as it stands before distribution. Any sums that the heirs are required to pass on to others from the estate are not borne by the beneficiary.
Your right to information if you do not know the figures
In practice, this is where the real hurdle lies. Those who have been disinherited are rarely aware of the account balances or the condition of the property. However, no one is required to piece together the estate on their own. The law grants those entitled to a compulsory share a right to information from the heirs (Section 2314 of the German Civil Code (BGB)).
The heirs must submit a complete inventory of the estate, including any gifts that may be relevant to a claim for a supplementary payment. Upon request, the inventory must be drawn up by a notary, which is considered significantly more reliable as the notary carries out their own investigations. For individual items, typically property, a valuation by an expert may also be required. The costs of the inventory and the valuation are borne by the estate, not by the beneficiary personally.
Step 3: An example of the calculation
Once you have the rate and the value of the estate, the rest is simple maths. An example illustrates the whole process.
A widowed father leaves behind two daughters. In his will, he names the elder as his sole heir; the younger is not mentioned and is therefore disinherited. The estate comprises a house with a market value of 350,000 euros and cash assets of 90,000 euros. Offset against this are an outstanding loan of 60,000 euros and funeral and probate costs of 10,000 euros.
The adjusted value of the estate is 440,000 euros, less 70,000 euros, making it 370,000 euros. Without a will, both daughters would have inherited half each. The younger daughter’s statutory share is half of that, i.e. a quarter. Her statutory share amounts to a quarter of €370,000, which is €92,500. She can claim this amount from her sister as the heir, in cash and regardless of the fact that most of the assets are tied up in the house.
There are two factors that could still affect this outcome. Anyone who receives a share of the estate themselves will take the difference into account. And gifts made during the deceased’s lifetime may increase the entitlement. Both of these issues are discussed in the following sections.
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If you have been included in the will but are to receive less than your statutory share
A claim to a compulsory share does not mean that you will come away empty-handed. Anyone who has been named as an heir but whose share is worth less than the compulsory share may claim the difference from the other heirs. This claim is known as a residual compulsory share or supplementary compulsory share (Section 2305 of the German Civil Code (BGB)). If the younger daughter in the example had been left a share of the estate worth 50,000 euros, she could claim a further 42,500 euros until her statutory share of 92,500 euros was reached. A similar rule applies where, instead of a share of the estate, a legacy has been bequeathed which falls short of the compulsory portion (Section 2307 of the German Civil Code (BGB)).
Caution is advised when renouncing an inheritance. Anyone who renounces their inheritance will, as a rule, also forfeit their statutory share. This is only different in specific circumstances, particularly where the share of the estate bequeathed is subject to restrictions or encumbrances, such as the administration of the estate, a reversionary inheritance or legacies. In such cases, renouncing the inheritance may pave the way to receiving the full statutory share (Section 2306 of the German Civil Code (BGB)). However, there is a time limit of just six weeks for renouncing an inheritance (Section 1944 of the German Civil Code (BGB)). Whether it is worthwhile in such a situation is one of the questions that a specialist solicitor will usually assess before any decision is made.
Gifts made during one’s lifetime change the picture
If the testator were able to dispose of their estate by way of gift shortly before their death, the statutory share would often come to nothing. This is countered by the claim for a supplementary statutory share (Section 2325 of the German Civil Code (BGB)). For the purposes of calculation, the gift is added back to the estate for accounting purposes, and the statutory share is applied to the increased value. The difference between this and the normal statutory share constitutes the claim for a supplementary share.
The extent to which a gift is taken into account depends on how long ago it was made. In the year immediately preceding death, it is taken into account in full; thereafter, the amount taken into account is reduced by one-tenth for each additional year that has elapsed. A gift of 100,000 euros made in the fourth year prior to the opening of the succession is therefore still taken into account at 70,000 euros. After ten years, a gift is no longer taken into account at all.
There are two important exceptions to this ten-year period. In the case of gifts to a spouse, the period does not begin until the marriage is dissolved. Furthermore, it does not begin to run at all as long as the deceased continued to make economic use of the gifted asset, for example because they had reserved a right of usufruct or a comprehensive right of residence in respect of the transferred property. It is therefore particularly worth taking a closer look at houses that were transferred to a child many years before the death.
If the estate is insufficient to cover the shortfall, the donee may also be held liable under the conditions set out in Section 2329 of the German Civil Code (BGB). A separate, strict time limit applies to this claim. It becomes time-barred exactly three years to the day after the opening of the succession, irrespective of whether the entitled party was aware of the gift.
Gifts you have received yourself also play a role, though in a different way than is often assumed. A gift that you yourself received from the deceased during their lifetime will only be set off against the compulsory share if the testator expressly stipulated this at the latest at the time the gift was made (Section 2315 of the German Civil Code (BGB)). A subsequent provision, for example in the will, is not sufficient for this purpose. In addition, separate rules on equalisation may apply amongst descendants for certain gifts, such as dowries (Section 2316 of the German Civil Code (BGB)), which alter the calculation in detail.
Claiming the statutory share
The statutory share is not paid out automatically, and there is no authority that distributes it on its own initiative. The probate court merely opens the will and informs the parties concerned. It has no role in the payment of the statutory share. The claim is directed exclusively against the heir or heirs, and must be brought by the entitled parties themselves.
Normally, this does not require either a court or any special formalities. The claim arises upon the opening of the succession and is immediately due (Section 2317 of the German Civil Code (BGB)). In practice, the process usually works as follows: the entitled party first requests information about the estate from the heirs in writing, quantifies their claim on this basis, and then demands payment within a reasonable period. The heirs cannot delay payment by claiming that the assets are tied up in a property. The law provides for a deferral only in very exceptional cases where immediate payment would constitute undue hardship (Section 2331a of the German Civil Code (BGB)). This is not the norm.
It is important to bear in mind the limitation period. The claim to a compulsory share is generally subject to a limitation period of three years (Sections 195 and 199 of the German Civil Code (BGB)). The period begins at the end of the year in which the beneficiary becomes aware of the death and of the disposition affecting them – for example, a will that disinherits them. Irrespective of when this knowledge is acquired, the right expires at the latest thirty years after the opening of the succession. For a claim against a beneficiary, the aforementioned three-year limitation period, calculated to the day, applies.
If the heirs fail to pay despite being requested to do so, or if they refuse to provide the information, the claim can be enforced through the courts, often by means of a staged action, which first seeks the information and then payment. This step is handled by specialist solicitors in inheritance law. This is where, at the very latest, the part that one can easily handle on one’s own comes to an end.
Common points of conflict and mistakes
The most common dispute centres on the value of the estate. The heirs undervalue the property, omit household goods and jewellery, or submit a sparse, self-compiled inventory. As every percentage point of value translates into cash, it is worth insisting on a sound basis, if necessary by means of a notarial inventory and an expert’s report, the costs of which are borne by the estate.
The second classic tactic is stalling for time. Information is slow to come through, enquiries go unanswered, and before you know it, years have passed. This becomes dangerous because the limitation period may expire whilst you are waiting for answers.
A third mistake occurs right at the start, often out of disappointment. Anyone who, in a fit of frustration, declares that they want nothing to do with the inheritance, or who rashly signs a document renouncing their claim or an agreement on a settlement, may also forfeit their statutory share. As a rule, such declarations cannot be revoked. Before making any final declaration, you should be clear about your own position.
Added to this are calculation errors. Some people equate the compulsory share with half the estate, whereas it is actually half of the respective statutory share of the inheritance. Others exclude disinherited siblings from the calculation and consequently overestimate their entitlement. Still others regard the compulsory share as a claim to specific items, such as a share in the family home, and consequently negotiate over the wrong assets. And very often, gifts are overlooked – particularly transferred property subject to a right of residence, which can still count in full even after more than ten years.
Frequently Asked Questions
How much is a child's compulsory portion?
This depends on the family circumstances. If the deceased was married and the statutory matrimonial property regime applied, the compulsory share is one quarter of the adjusted value of the estate if there is one child, one eighth for each of two children, and one twelfth for each of three children. If the deceased was not married or was no longer married, the statutory share is half for one child, a quarter for each of two children, and one-sixth for each of three children.
My brother was also disinherited. Does that increase my statutory share?
No. The calculation of the share also includes siblings who have themselves been disinherited or who have renounced their inheritance (Section 2310 of the German Civil Code (BGB)). Each disinherited person then has their own claim, with the share calculated on the basis of the total number of children. Only those who have been excluded by means of a notarised waiver of inheritance are not included in the calculation of the share.
I’ve no idea what’s included in the estate. How am I supposed to work that out?
You do not have to work this out on your own. Those entitled to a compulsory share are entitled to receive from the heirs a full inventory of the estate – in notarised form if requested – and to have the value of individual items assessed by experts (Section 2314 of the German Civil Code (BGB)). The costs of this are borne by the estate.
Are debts and funeral costs deducted?
Yes. The deceased’s debts and the costs associated with their death – particularly the funeral – reduce the value of the estate and, consequently, the statutory share. However, bequests and conditions set out in the will, as well as the inheritance tax payable by the heirs, are not deducted.
How soon must the heir make payment?
The claim becomes due immediately upon the opening of the succession (Section 2317 of the German Civil Code (BGB)). If necessary, the heir must raise the money, for example by mortgaging or selling assets from the estate. A deferral (§ 2331a BGB) – i.e. a later payment or payment by instalments – may only be considered in exceptional cases of hardship. This is the exception and depends on the individual case.
Can my statutory share be completely withdrawn?
Only in a few exceptional cases, which are exhaustively regulated by law, such as in the event of serious misconduct towards the testator or persons close to them (Section 2333 of the German Civil Code (BGB)). The disinheritance must be stipulated in the will, and the thresholds are high. In practice, it is rare. Whether a valid ground for disinheritance actually exists is a matter to be determined on a case-by-case basis.
When the payout is delayed
Normally, you won’t need any special assistance to claim your statutory share. You work out your share and the value of the estate, demand payment from the heirs, and the amount is paid. Things get tricky if the heirs stonewall you. They fail to provide a useful inventory, undervalue assets, conceal gifts, or drag the matter out until the entitled party gives up.
That’s where Erbfinanz comes in. If a claim needs to be enforced with the help of a solicitor, Erbfinanz can cover the cost risk, meaning you don’t have to pay upfront for the solicitor, expert reports or court costs. If a swift resolution is more important to you than every last euro, you can also sell your statutory share claim to Erbfinanz and receive prompt payment without having to settle the dispute with the heirs yourself. And anyone who first needs a professional assessment will, upon request, be put in touch with specialist solicitors specialising in inheritance law who work in partnership with Erbfinanz. Erbfinanz is not a solicitor and does not enforce claims itself. The legal assessment and representation are always carried out by the partner specialist solicitors.
The easiest first step is to make a no-obligation enquiry. It is free of charge, discreet and does not commit you to anything. You do not need to provide a full set of documents for an initial assessment. It is sufficient simply to describe what you know.
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.
