German law gives close family members a minimum share of the estate, even if the deceased disinherited them. This is the compulsory portion (Pflichtteil). It is not a share in the estate itself but a claim for money against the heirs.
For expats, the compulsory portion is relevant if German law applies to the estate, usually because the deceased lived in Germany. Many other legal systems do not have this protection or regulate it differently.
Who Can Claim?
- Descendants: children, and grandchildren if their parent has died.
- Spouse or registered partner.
- Parents, only if the deceased had no descendants.
Siblings and other relatives have no compulsory portion.
The claim arises if you were excluded by a will or received less than half of your statutory share.
How Much?
The compulsory portion is half of the statutory share. Example: a widower leaves his entire estate of €400,000 to his new partner. His two children would each have inherited half under statutory succession. Their compulsory portion is a quarter each, so each child can claim €100,000 from the partner.
The value of the estate at the time of death counts, minus debts and funeral costs. Real estate and companies are valued at market value, which is often disputed.
Gifts During the Deceased's Lifetime
To prevent the compulsory portion from being avoided through gifts, gifts made in the ten years before death are added to the estate for the calculation (Pflichtteilsergänzung). Each full year between the gift and the death reduces the amount taken into account by ten percent. Gifts to the spouse are counted in full, as the ten years only begin when the marriage ends.
Your Right to Information
You can ask the heirs for a list of all assets and debts of the estate, and of gifts in the last ten years. You can demand that the list is drawn up by a notary. You can also demand a valuation, for example of real estate, at the cost of the estate.
Deadline
The claim becomes time-barred three years after the end of the year in which you learned of the death and of your disinheritance, and at the latest thirty years after the death. Negotiations can suspend the period, but only a lawsuit or certain other steps reliably stop it.
Losing the Compulsory Portion
The compulsory portion can only be withdrawn in exceptional cases, for example after a serious crime against the deceased. You can waive it in a notarised agreement with the testator during their lifetime, often in exchange for a payment.
In a Berlin will, a penalty clause can mean that a child who claims the compulsory portion after the first parent's death also receives only the compulsory portion after the second.
Points for Expats
- Choice of law. A testator can choose the law of their nationality. If that law has no compulsory portion, the claim may not exist. In some cases, courts examine whether this is compatible with German public policy.
- Assets abroad. Under the EU Succession Regulation, assets abroad are usually included in the calculation.
Frequently Asked Questions
Can I claim the compulsory portion if I received a small legacy?
Yes, you can claim the difference up to your compulsory portion, or reject the legacy and claim the full portion.
Do I have to pay inheritance tax on the compulsory portion?
Yes, once you claim it, with the usual allowances. See inheritance tax in Germany.
Can the heirs pay in instalments?
In cases of particular hardship, for example if the heir would otherwise have to sell the family home, a court can defer payment.
