As of: February 26, 2024, 4:00 p.m
By: Laura Hindelang
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Anyone who has been disinherited may still be able to claim part of the inheritance.
The amount of the so-called compulsory portion depends on several factors.
Anyone who has been disinherited as a child or spouse does not necessarily come away empty-handed.
Children in particular are always entitled to a part of the estate as legal heirs of the first order.
The so-called compulsory portion must be requested in writing from the heir or the community of inheritance.
How high the actual amount is depends on several factors.
Disinherited children are always entitled to the estate
Every person has the right to disinherit relatives - without giving reasons.
All that is required is a handwritten will.
In this case, either another heir can be appointed or legal succession can be followed, with the descendants of the disinherited person being taken into account.
In principle, children are entitled to a compulsory share when their parents die - even if the parents do not mention them in the will.
© Steinach/Imago
Nevertheless, the next of kin are entitled to part of the estate.
According to the Finanztip
portal, this is
based on the idea that everyone has a duty of care for their close relatives, even after death.
The following people are entitled to a compulsory share of the inheritance:
Children: Marital and illegitimate children as well as adopted children are treated equally.
Spouses: If the marriage still existed at the time of the inheritance.
Parents: If the deceased person had no children.
Life partners who were not married to the deceased person, however, have no right to a compulsory share, says Ursula Seiler-Schopp from the German Association for Inheritance Law and Property Succession to the
Handelsblatt
.
Siblings and grandparents also have no right to part of the inheritance.
The compulsory share is half of the statutory share
If you are entitled to a compulsory share, your own initiative is required.
In order to get the money, you must first write a letter to the heir(s) requesting information about the extent of the estate.
In principle, the compulsory share is half of the share that you would be legally entitled to if there were no will.
For example, two children would normally each be entitled to half of the inheritance from their parents.
However, if the father or mother has disinherited one of the children, they are only entitled to half of the original share, i.e. a quarter of the entire estate.
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The monetary value to which the compulsory share corresponds is determined from the so-called estate register: After receiving the letter, the heirs are asked to state the exact value of the inheritance.
In addition to the assets at the time of the inheritance, this also includes
all gifts within the ten years before the death, according to
Finanztip .
For a property, the value is based on the price that would currently be achieved if sold.
Compulsory share can be claimed
The costs of determining all values are deducted from the inheritance, which also reduces the value of the compulsory share.
For smaller sums, it can therefore make sense for those involved to agree on a value.
Otherwise, an expert can be called in.
The compulsory portion is always paid out in money: “The person entitled to the compulsory portion may not demand any items or memorabilia,” explains Claus-Henrik Horn, a specialist lawyer for inheritance law, in the
Handelsblatt
.
After the amount of the compulsory share has been determined, the amount can be claimed from the heir.
If the latter refuses, the claim can be asserted in court.
You have three years to make your claim.
The period begins on January 1st of the year after the death.
In some cases there is an additional claim to a supplementary compulsory portion.
This clause applies to donations.
If the deceased gave away part of his assets before death, the disinherited person can request that his compulsory portion be placed in the same position as before the gifts.
He would receive even more money.
However, for every year that passes after the gift until the inheritance, the consideration is reduced by ten percent, so that the share disappears completely after ten years, the lawyers
Rose and Partner
inform .
The Berlin will also disinherits children
A special case is the Berlin will, in which spouses name each other as heirs and also disinherit their children.
This disinheritance primarily serves to provide for the longer-living spouse and is not directed against the children, which is why they usually waive their compulsory share.
Especially since the children usually inherit after the death of both spouses.
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As a testator, however, you only have limited options to deprive your relatives of the compulsory portion.
Only in very extreme circumstances can next of kin be completely disinherited.
According to the Handelsblatt
, these are
given if:
The relative seeks to kill the testator.
The relative is guilty of a crime or a serious intentional offense against the testator.
The relative has maliciously violated his statutory maintenance obligation.
The relative has been legally sentenced to a prison sentence of at least one year without parole for an intentional crime.
Such situations must be explained in detail in the will so that disinheritance, including withdrawal of the compulsory share, is effective.