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Legal share calculator
The compulsory share is a proportion of the value of the estate. This proportion depends solely on family circumstances and can therefore be calculated before the estate has been valued.
Calculation example: A widower names his daughter as his sole heir. As a compulsory share, the son is entitled to a quarter of the value of the estate; for an estate worth 300,000 euros, this amounts to 75,000 euros.
Are the heirs keeping quiet, trying to minimise the value of the estate, or stalling for time? In that case, we’ll cover the costs of the solicitor, the valuer and the court, or we’ll buy your claim. We’d be happy to look into whether we can help in any way.
Legal notice: The result is a guide based on the information you have provided and is not a substitute for advice in individual cases.
How the compulsory share calculator works
Your details
You state who has died and how you were related to that person. This is followed by questions about the family: whether the deceased was married, whether there are any children, and who else might be entitled to inherit. You do not need to provide any figures or documents for this.
The calculation
Your details will determine the size of your statutory share of the inheritance. The compulsory share is exactly half of that. If you are unsure about something – for example, what your spouse is to receive according to the will – the calculator will give you a range rather than a fixed percentage.
The result
At the end, enter your name and email address, and you’ll see your share. The calculation shows how it is worked out. Enter the value of the estate, and it will work out how much that would be in euros. We’ll also send you the link.
Frequently asked questions about the calculation of the compulsory portion
Calculation of the compulsory portion explained simply
Calculation of the compulsory portion explained simply
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.
What counts towards the estate value?
What counts towards the estate value?
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.
What role does the matrimonial property regime play?
What role does the matrimonial property regime play?
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.
How are properties valued?
How are properties valued?
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.
What effect do gifts have?
What effect do gifts have?
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.
What applies to a Berlin will?
What applies to a Berlin will?
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.
Which cut-off date applies?
Which cut-off date applies?
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.
When does the claim expire?
When does the claim expire?
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 key information regarding the compulsory share can be found here.
Our model for your statutory share
From aspiration to
actual payment
Many claims to a compulsory share fail not because of the law, but because of how things work in practice. Information is not provided, the other party obstructs the process, and the costs of legal action rise in line with the value of the claim. As a result, valuable claims in particular are often left unclaimed or end in a settlement far below their true value.
This is exactly where we come in. We cover all the costs of enforcement and are only paid if we are successful. The legal work is carried out by your own solicitor or a specialist from our network; we provide you with the financial backing to support this. This enables you to assert your claim on an equal footing, with a partner who is pursuing the same goal as you. We’ll show you exactly how this works in detail our solutions.
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