Two people, drawn in chalk, are facing each other and play tug-of-war. When there are disagreements with the right to a compulsory portion, a lawyer can help.

Compulsory Portion Claims under German Inheritance Law

Are you as a person entitled to a compulsory portion pursuant to German Inheritance law, excluded from the inheritance, or does the last will and testament state that you will receive less than your legally stipulated compulsory portion? In this case, we support you in the determination and enforcement of your compulsory portion claims.

In international succession cases, the inheritance law which is applicable to the inheritance from a German law perspective has to be determined at first.

Which compulsory portion claims have large practical relevance?

According to the German inheritance law, the children are entitled to compulsory portions from each of the parents. Spouses as well have compulsory portion entitlements after the passing away of the other spouse. These compulsory portions shall safeguard a minimum and only economic participation in the assets of the deceased parent or spouse.

Can the compulsory portion be compromised?

However, quite often the compulsory portion shall be compromised through dispositions by the last will and testament. Without qualified legal consulting, the respective person entitled with your compulsory portion receives – in the worst case – nothing at all, or very much less than the compulsory portion to which he is entitled. An easily recognizable case are any dispositions in the last will and testament to disinherit single children.

Common questions from foreigners about compulsory portion claims

Nevertheless, impacts on the compulsory portions may be less obvious: Has your compulsory portion been reduced economically through lifetime gifts of the deceased? Does the value of the heirloom correspond with your compulsory portion in the inheritance? Is it possible to request a possible differential amount from the heirs and if yes, how can this be done?

Generally, persons entitled to a compulsory portion have many questions, to which we as a law firm specializing on succession law can offer answers. We can also offer you an estate litigation in Germany.

Specialist inheritance lawyer Dr. Hosser will consult you professionally on compulsory portion claims and assert your claims out of court and before German courts, if required. Customers from abroad can benefit from our experience with advising about German inheritance law for foreigners.

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Dr. Marcus Hosser TEP (Trust and Estate Practitioner) – Fachanwalt für Erbrecht.
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