{"id":333776,"date":"2024-03-15T14:17:15","date_gmt":"2024-03-15T13:17:15","guid":{"rendered":"https:\/\/erbfinanz.de\/?p=333776"},"modified":"2026-10-14T16:15:59","modified_gmt":"2026-10-14T14:15:59","slug":"litigation-financing-a-comprehensive-guide","status":"publish","type":"post","link":"https:\/\/erbfinanz.de\/en\/ratgeber\/prozessfinanzierung-ein-umfassender-leitfaden\/","title":{"rendered":"Litigation funding in cases involving the statutory share"},"content":{"rendered":"

If a property forms part of an estate, those entitled to a compulsory share are often told: \u201eThe money isn\u2019t there; it\u2019s tied up in the house.\u201c Whilst this explanation may be well-intentioned and often accurate in practice, it does not alter the legal situation. The statutory share arises upon the opening of the succession (Section 2317(1) of the German Civil Code (BGB)) and is due from that moment onwards (Section 271(1) BGB). Whether the assets are tied up in a property, a business or a call money account is a matter for the heir. If necessary, they must raise the money themselves, for example through a mortgage or a loan. They may only request a deferral in very limited exceptional cases, particularly if immediate payment would force them to give up the family home in which they live or to sell the business that forms the basis of their family\u2019s livelihood. Nor can they order such a deferral themselves; this is decided by a court (Section 2331a of the German Civil Code (BGB)).<\/p><\/div>\n\n\n\n

In practice, that sentence changes everything anyway. Whoever says it is sitting on a fortune and can afford to wait. Whoever hears it has a claim on paper and, in order to even be able to put a figure on it, must first pay out of their own pocket: the solicitor\u2019s fees, the valuation report, the advance on court costs. A strong claim thus becomes a weak negotiating position, and both sides realise this quickly.<\/p><\/div>\n\n\n\n

This is where litigation funding comes in. A third party covers the costs of enforcement and is only paid if money is ultimately recovered.<\/p><\/div>\n\n\n\n