First, the path leads to the heirs
You should claim your statutory share from the heirs. In the simplest case, an informal letter stating your claim and requesting an inventory of the estate is sufficient (Section 2314 of the German Civil Code (BGB)). If the heirs disclose what assets are available and you reach an agreement on the amount, the matter is often settled within a few months. There is no need to involve a solicitor or a court.
The situation is different if you encounter resistance. In that case, you will usually need to engage a solicitor, whose fees you will initially have to pay; if there is a dispute over the value of the estate, expert reports and court costs will be added to this. These amounts become due before you receive anything. And the clock is ticking, as the claim becomes time-barred three years after the end of the year in which you learnt of the death and disinheritance.
From here, there are two routes
Neither option involves any upfront costs for you. The difference lies in whether the claim remains with you or is transferred to us, and how much you will still have to do with it afterwards.
Debt factoring
We are buying the claim
You assign the claim to us at the notary’s office and receive a fixed sum in return. From that point onwards, the matter is ours, including all contact with the heirs.
Less money, but in a matter of days
Litigation financing
We will cover the costs
A specialist solicitor will demand information and payment, taking the matter to court if necessary. All invoices are sent to us, and if you do not yet have a solicitor, we will arrange one for you.
More money, but later
It is still unclear what the scale of the issue actually is? Calculate the claim
Which approach is right for your situation?
Ultimately, it comes down to practical considerations. How long can you wait for the money, and is a safe amount more important to you than the highest possible sum?
| Criterion | Debt factoring We will buy your claim from you | Financing We fund enforcement |
|---|---|---|
| When you’ll receive your money | In a few days’ time After the appointment with the notary, regardless of what happens next. | After a few months As soon as the heirs pay up. If the matter goes to court, it will take longer. |
| How much it will be | Fixed price with a discount It is below its full value due to the risk involved and will not be renegotiated. | Full entitlement, minus contribution The solicitor is demanding the full amount. Our share has been agreed in advance. |
| What you’ll pay for this | Nothing, not even later The discount is already included in the purchase price; there are no further costs. | Nothing in advance Lawyers, expert witnesses and the court will bill us, not you. |
| Who bears the risk | We, from the date of the notary appointment If the heirs end up paying less or nothing at all, the price remains the same. | We, even in the event of a loss If the item is lost, you do not have to pay anything back, not even to the other party. |
| How much you have to do with it | Nothing more Your role ends with the appointment at the notary’s office, as does your contact with the heirs. | Not much Your solicitor will handle the correspondence. You will decide on any offers, in consultation with us. |
| More about buying Learn more | More about funding Learn more |
Here’s what happens when you get in touch
Your account
Just a few brief details will suffice. Please state who has passed away and, if you wish, what you already know about the estate and your claim. No documents are required.
Our audit
Your details will be reviewed by a member of our team. As we assess each case individually, this usually takes a few days. We will then get in touch with you to provide an initial assessment.
Your decision
We’ll be frank with you about which approach we think is right, and we’ll also let you know if we don’t see one. The decision, of course, is entirely up to you.
Frequently Asked Questions
Experience shows that certain warning signs tend to recur. You may receive no response to your enquiry for weeks, or be given a handwritten list instead of a reliable inventory. Items that ought to be included in the estate are missing, such as bank accounts, a life insurance policy or a plot of land that you know exists within the family. A property is valued at a price that nobody on the market would pay. Assets were transferred during the deceased’s lifetime, and nobody is willing to tell you when or to whom. Or the initial offer is so far below your own valuation that you cannot make sense of it. If, on the other hand, the heirs are open about what is available, you will usually manage just fine without us.
In the case of financing through a share of the proceeds. This is agreed before the contract is signed and is only payable if you ultimately receive any money. As a result, you receive less than if you had paid for everything yourself and won the case, but you bear no financial risk whatsoever. In the case of a purchase, our fee is based on a discount on the full value of the claim. The core principle is the same in both cases. We only earn a fee on cases that ultimately pay off, which is why we carry out a thorough assessment beforehand.
No, that is the rule rather than the exception. Those who have been overlooked rarely know which accounts existed or what work was last carried out on the house. That is precisely what the right to information is for. The heirs must provide a complete inventory of the estate – drawn up by a solicitor if requested – and have individual items valued (Section 2314 of the German Civil Code). For our initial assessment, what you know or suspect is sufficient.
No. With funded enforcement, your solicitor handles all the correspondence. You remain in the background and only make decisions on key matters, such as whether to reach a settlement. In the event of a sale, the claim is transferred entirely to us; from that point on, it is our responsibility to resolve the matter. For many people, this is precisely the deciding factor, as they want the matter settled without straining family relationships.
No. You are under no obligation until you have signed anything, and even after that there is still some flexibility, as financing and sale are possible at any stage, provided the claim has not become time-barred. Anyone who has negotiated on their own initially can still opt for one of our options at a later date. An existing estate inventory or valuation report actually makes the assessment easier.
What options are available to you?
As long as nothing happens, time is working against you. Those who are due to pay are rarely in a hurry, and the limitation period continues to run in the background. All you need to make an enquiry is the information you already have; exact figures or supporting documents are not required. None of this will become public knowledge unless you want it to.
