Sell your legal share
Your direct route to payment
A conflict over your legal share frequently drags on for many years. Instead of enduring this stressful ordeal yourself, you can simply sell your claim. You get your money paid out directly and we take on the entire financial risk. Our partner law firms handle all legal proceedings in the background, and for you, the case is then completely closed.
Initial legal situation
As the compulsory portion is a purely monetary claim, it can be sold to third parties after the inheritance. With this sale, you transfer the right to assert the claim against the heirs and receive an advance payment in return.
It is precisely this uncomplicated conclusion that is the great advantage of such a sale. The issue of the compulsory portion is completely taken care of for you, which makes this option particularly attractive if a quick solution is a priority.
The most important information
No consent of other heirs required: As the compulsory portion is a purely monetary claim by law, you can sell it without the consent of the co-heirs.
Prompt payment: You receive the agreed amount immediately after the sale, instead of having to wait for lengthy delays or legal action for information.
Less effort: With the sale, you hand over the legal dispute to our partner law firms. You have the work off your plate and we bear the full financial risk.
Individual examination: We take a close look in advance to see whether a sale makes sense in your situation and is worthwhile for you. Requirements & exceptions
Is a sale worthwhile
in your particular case?
Whether a sale really makes sense for you can often be clarified with just a few details. Use the form to briefly describe your situation. We will be happy to take a look at your request and get back to you with an initial assessment - giving you honest guidance without any obligation.
Questions & answers on selling your share
In Deutschland, close relatives have a statutory monetary claim against the heirs under certain conditions - the compulsory portion. This usually arises if you have been excluded from the statutory succession (i.e. disinherited) by a will or inheritance contract. As the compulsory portion is a purely monetary claim in legal terms, you do not necessarily have to claim it yourself, but can also sell it to a third party.
You do not assume the role of heir and do not transfer any specific items from the estate, but simply assign your claim to us. In return, you receive a fixed purchase price agreed in advance. For many persons entitled to a compulsory portion, a sale is a discreet alternative to avoid an expensive and often exhausting inheritance dispute and to be able to dispose of their own money promptly and securely instead.
Our offer Sell your legal share briefly explained:
You assign your claim to Erbfinanz and promptly receive a predetermined purchase price. As we assume the entire time and financial default risk, this payment is below the maximum calculated value of the compulsory portion. Your involvement is essentially limited to providing the documents and concluding the contract. We handle all further legal disputes with the heirs on your behalf.
The difference to our offer Enforce your share:
You remain the owner of your claim and assert it with a lawyer of your choice - in court if necessary. As a litigation financier, we assume all costs for lawyers, courts or expert opinions in advance. Only when the compulsory portion has been successfully paid out by the heirs do we receive an agreed success fee. Although this approach requires more patience and initiative on your part, it usually leads to a higher overall financial result in the end. Learn more
- Prompt payment: You do not have to wait for lengthy negotiations or court proceedings, but receive the contractually agreed amount promptly and reliably.
- No cost risk: We bear the entire economic default risk as well as all costs incurred for legal enforcement.
- Planning security: Once the contract has been concluded, you know exactly what fixed sum you can plan with - regardless of how complex the further settlement of the estate turns out to be.
- Significant relief: The often emotionally stressful direct communication with the heirs is completely eliminated for you. We take your place and take care of everything else.
- Protection against default risks: You avoid the risk that you will no longer be able to enforce your claim due to the heirs' subsequent insolvency or that inflation will reduce the real value during a dispute that lasts for years
The amount of the purchase price is determined by the legal and economic value of your compulsory portion claim and the individual starting position. Among other things, we assess the composition of the estate, your compulsory portion and the current status of the dispute with the heirs. On this basis, we will provide you with a customised offer free of charge. We would be happy to discuss your various options in advance in a personal meeting.
For a non-binding initial assessment, please use our Online form or contact us direct. We will contact you promptly to discuss the next steps with you in a transparent and understandable manner.
The process is structured and transparent. After an initial review of your documents, we assess the value of your claim and submit a concrete, non-binding purchase offer to you. Only when you accept this and the assignment agreement has been concluded in a legally secure manner will the payment be made to you. You will find an explanation of the individual steps in our Overview of the sale of the compulsory portion.
Once the contract has been signed, we will arrange for the agreed purchase price to be paid to you. From this point onwards, we take over all further processing. We take your place legally and assert the assigned claim against the heirs through our partner law firms. The financial default risk is transferred to us in full.
In concrete terms, this means for you: There are no further costs or legal obligations, but you gain reliable financial planning security.
In order to be able to assess the value of your claim in a well-founded manner, we require a number of important documents from you. These usually include
- Proof of your relationship to the deceased (e.g. birth certificate or certificate of descent)
- A brief description of the family circumstances to clarify the succession
- If available: Documents from the probate court, such as a will together with an opening protocol or a certificate of inheritance
Note: If you do not yet have all the documents you need, this is not a problem. In our free initial consultation, we will discuss together which documents are required in your specific case and how you can easily obtain them.
No, you do not need the heirs' consent to sell your compulsory portion. As the compulsory portion claim in German inheritance law does not represent a direct share in the estate, but is legally a pure monetary claim against the heirs, you can dispose of it independently. As with other claims, you are free to assign this claim to third parties without consulting or obtaining the consent of the other party.
Requirements for the sale of the compulsory portion:
- Entitlement to a compulsory portion: Only persons who belong to the closest legal circle of relatives can realise a compulsory portion. This includes descendants (children, grandchildren), spouses or registered partners and, under certain circumstances, the parents of the deceased.
- Disinheritance or disadvantage: A claim arises if you have been excluded from the statutory succession by a will or an inheritance contract or if your inheritance share is less than your compulsory portion (additional compulsory portion).
- Inheritance case occurred: A sale is only possible after the death of the testator, as the claim has not yet legally arisen during his or her lifetime.
- Transferable monetary claim: As the compulsory portion is not a direct share in the estate, but a monetary claim against the heirs, it is legally freely assignable to third parties. (Note: I have elegantly summarised the points of demand character and transferability in one point here, as they say the same thing in terms of content).
Exceptions and restrictions:
- Waiver of compulsory portion: If the compulsory portion has already been notarised and waived during the testator's lifetime, there is no longer any entitlement that could be sold.
- Withdrawal of compulsory portion: If the testator has effectively withdrawn the compulsory portion due to serious misconduct (extremely strict legal hurdles apply here), the entitlement lapses.
- Over-indebted estate: As the compulsory portion is always calculated on the basis of the net estate, a claim is not economically valuable if the estate is overindebted.
- Statute of limitations: The right to a compulsory portion expires after three years. However, the period only begins at the end of the year, in which you learnt of the inheritance and your disinheritance. Once the limitation period has expired, the claim can no longer be enforced or sold.
- Rendering: As a rule, anyone who renounces an inheritance intended for them also loses their right to a compulsory portion. Exceptions only exist in specific, legally regulated special cases (e.g. in the case of severe restrictions in the will).