Problems with
Your compulsory portion?
We will show you your options without obligation.
Help with the realisation
Enforce or sell
As a close relative, you have strong legal rights in the event of disinheritance. A brief overview of the most important basic rules for your compulsory portion.
Pure monetary claim: The compulsory portion is always a pure claim for payment in money (it is not about specific items such as jewellery).
Gifts count as well: If assets were given away during your lifetime, this can often increase your entitlement to payment.
Active demand: As a rule, the claim is not fulfilled automatically, but must be claimed directly from the heirs.
What your compulsory portion consists of
In order to calculate your specific entitlement to a payout, you need exactly three central components. The first of these - your pure compulsory portion - is provided by the calculator at the top of this page.
The first step is to calculate your compulsory portion. This corresponds to exactly half of what you would normally have inherited. How much this actually is depends on the number of other heirs and the matrimonial property regime of the deceased person.
The calculated quota always refers to the assets actually available. In accordance with the reference date principle, the law only takes into account the value on the exact date of death. For the pure estate value, all existing debts and funeral costs are deducted from the positive values such as real estate or bank balances.
The estate is often reduced by gifts during the deceased's lifetime. To avoid disadvantages, larger gifts made in the last ten years are added to the estate on paper. The gift loses ten per cent of its creditable value for each year that has passed. Exceptions generally only apply to gifts between spouses.
Frequently asked questions about the calculation of the compulsory portion
The compulsory portion is calculated by multiplying the pure estate value (i.e. the total inheritance less any debts) by the personal compulsory portion quota. The amount of this share depends on the family relationship and, in the case of married persons, on the matrimonial property regime. It is always exactly half the size of the inheritance share that a person without a will would have regularly received according to the statutory order of succession. In order to avoid having to calculate your own quota for your individual situation, the Legal share calculator at the top of this page automatically.
The basis for the calculation is the so-called net estate. This is the total assets valued in money on the date of death minus all debts. It is important to understand that the compulsory portion is legally always a purely monetary claim. This means that you are not entitled to receive certain items such as a property or a vehicle. However, to ensure that these items are not disregarded in the payout, their current market value is estimated and added to the remaining financial assets such as bank balances.
In the next step, all liabilities are deducted from this total value, including, for example, loans, outstanding bills and funeral costs. To enable persons entitled to a compulsory portion to calculate their exact payment entitlement, the law gives them the right to request a complete and already valued inventory of the estate from the heirs.
The matrimonial property regime influences the spouse's statutory inheritance share and therefore also the compulsory portions of all parties involved. In the case of community of accrued gains, the standard case in Deutschland, the spouse also receives a quarter as a lump-sum equalisation of accrued gains. This increases his or her share and reduces that of the children. In the case of separation of property, this supplement does not apply. This can increase the children's compulsory portion depending on the constellation.
Property is included in the calculation at its market value on the date of death. This is the price that could realistically be realised in a sale on the open market. Subsequent increases in value or renovations do not play a role. If the heirs and those entitled to a compulsory portion cannot agree on a value, an expert's report can be requested. The costs of this are charged to the estate and are therefore borne proportionately by everyone.
Gifts made in the last ten years before death can increase the compulsory portion. This is referred to as a supplement to the compulsory portion in accordance with Section 2325 BGB. In this case, a reduction model applies. In the first year after the gift, the full value is taken into account, then ten per cent less each year thereafter. After ten years, the gift is cancelled out completely. However, gifts to a spouse are fully recognised for as long as the marriage lasts. Even in the case of a reserved usufruct, the time limit often does not begin to run.
In a Berlin will, spouses appoint each other as sole heirs. This means that the children are initially disinherited upon the death of the first parent and can claim their compulsory portion. This is calculated as normal from the value of the estate and the compulsory portion. However, many Berlin wills contain a penalty clause. Anyone who claims the compulsory portion at the first inheritance will only receive the compulsory portion instead of the full inheritance even after the death of the second parent.
In accordance with Section 2311 BGB, the date of death is decisive for the valuation of the estate. All assets and debts are valued at this date. Subsequent changes in value are irrelevant, whether upwards or downwards. If a property increases or decreases in value after the inheritance, this does not affect the compulsory portion. If an item in the estate is sold shortly after death, the sale price achieved can serve as a guide for the value on the cut-off date.
The compulsory portion becomes time-barred after three years in accordance with Sections 195 and 199 BGB. However, the period does not begin immediately upon death, but only at the end of the year in which you learn of the inheritance and your own disinheritance. So if you find out in March 2025, you have until 31 December 2028. After this deadline, the claim can no longer be enforced. In individual cases, such as fraudulent concealment, the deadline may be longer.
Tip: A more detailed overview of general questions relating to the compulsory portion you will find here. If your family situation is more complex or you need a personalised initial assessment, simply contact us directly: Contact us