Can compulsory portions in the will be bypassed?
August 29, 2023 | 45,00 EUR | answered by Felix Richter
Dear inheritance lawyer,
I am reaching out to you as I need advice on a very complex inheritance matter. My name is Björn Rapp and I am facing an issue regarding my late mother's will.
In her will, my mother specified that my brother and I should each inherit half of her estate. However, I have learned that I have a compulsory portion claim according to statutory regulations, as I have been disinherited. This compulsory portion would entitle me to half of the statutory inheritance share.
My concern now is that my brother and I would only inherit a portion of the estate each, as my compulsory portion claim would diminish my brother's share. Therefore, I am wondering if it is possible to bypass the compulsory portions in the will so that my brother and I can each receive the full inheritance share.
I would be very grateful if you could provide me with possible solutions or courses of action to resolve this situation. It is very important to me that the distribution of the inheritance is fair and in line with the wishes of my late mother.
Thank you in advance for your assistance.
Sincerely,
Björn Rapp
Dear Mr. Rapp,
Thank you for your inquiry and your trust in my expertise in the field of inheritance law. The situation you are in is indeed very complex, and it is understandable that you are looking for ways to ensure a fair distribution of the inheritance according to the wishes of your deceased mother.
First and foremost, it is important to know that the compulsory portion claim under German inheritance law is a very important protective mechanism to prevent close relatives from being disinherited. The compulsory portion claim is half of the statutory inheritance share that the disinherited person would have received without the disinheritance. This means that even if you were disinherited, you still have a claim to your compulsory portion.
Regarding your question about whether it is possible to bypass the compulsory portions in the will to ensure that you and your brother each receive the full inheritance share: Unfortunately, it is not possible to bypass the compulsory portion claim in the will. The compulsory portion claim is legally anchored and cannot simply be bypassed through testamentary provisions.
However, there may be alternative approaches to clarify your situation and ensure a fair distribution of the inheritance. For example, you and your brother could mutually agree to waive your compulsory portion claim in favor of your brother. However, this would need to be carefully examined and legally secured to avoid future disputes.
It is advisable that you consult an experienced lawyer specializing in inheritance law in this case to discuss your options and find an individual solution for your situation. A lawyer can also help you respect the wishes of your deceased mother while finding a fair solution for all parties involved.
I hope that my response could at least give you an initial overview of the legal situation. If you have any further questions or require more detailed advice, I am at your disposal.
Best regards,
Felix Richter, Lawyer specializing in Inheritance Law
