As of: March 17, 2024, 5:06 a.m
By: Carina Blumenroth
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You can plan a lot with a will or an inheritance contract.
Not everything, however.
Anyone who is entitled to a compulsory share of the inheritance.
There are certain topics that people generally don't like to deal with, but some of them are important.
The health care power of attorney regulates, for example, who will take care of your finances and your health decisions if you are unable to do so due to illness, old age or an accident.
With a certificate of inheritance or a will, you regulate your estate yourself and can therefore decide who should get what.
This can prevent family disputes, but a compulsory share can also be demanded.
Inheritance: Who is entitled to receive the compulsory portion?
Anyone who is disinherited may be able to receive a compulsory portion.
© Panthermedia/Imago
If a testator has disinherited close relatives, they are entitled to a compulsory share.
The
Finanztip
portal informs that this is due to the duty of care of close relatives.
Those entitled to a compulsory share include:
Children (illegitimate, legitimate, adopted)
Spouse (if the marriage was valid at the time of death)
Parents of the deceased (if the person had no children of their own)
Grandchildren and great-grandchildren are only entitled to a compulsory share if they are excluded from the inheritance and their parents are no longer alive.
The testator's siblings and grandparents are not entitled to a compulsory portion.
The former can only assert a claim if there are no first-order heirs and the testator's parents have already died, the
Sparkasse
informs .
How is the compulsory portion made up?
How high the compulsory portion is depends on the inheritance and the compulsory portion rate.
For the testator's children, the compulsory share is always half of the statutory share of the inheritance,
Advocatio lawyers
inform on their website.
Under certain conditions, you can remove relatives from the estate despite the compulsory share.
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The compulsory portion for community of gains and community of property:
The Advocado.de
portal provides information about the compulsory share quota for community of gains and community of goods
:
Children |
12.5 percent |
|---|---|
No children, but parents, siblings, (great) nieces/nephews |
25 percent |
spouse; if only the testator's grandparents are still alive |
25 to 43.75 percent |
In the case of community gains, the extent depends on the gain, i.e. the amount that was earned in a marriage and is ultimately divided between the spouses.
If a community of property has been agreed, it concerns the common assets.
In the event of death, the assets are halved, one half is retained by the remaining partner and the other half is the estate.
Gifts influence the compulsory portion to a certain extent
The donation is used in stages to supplement the compulsory portion.
In the first year before death, the full amount is paid in; each subsequent year the value decreases by ten percent.
If the age is eleven or more, it is no longer taken into account when determining the compulsory portion.
Gifts of modesty such as Christmas or birthday presents will not be taken into account, informs
Advocado.de
.