compulsory share or compulsory portion
August 2, 2009 | 30,00 EUR | answered by Andreas Scholz
How do I secure my compulsory portion?
Joint will of my parents. My father died in 1993; my stepmother on 12.6.2009.
The will was opened by the court in 1993, then closed again and now reopened.
What deadlines do I need to meet to secure my compulsory portion?
As a precaution, I wrote a letter to the court on 30.6.
Dear inquirer,
According to § 2303 of the German Civil Code (BGB), you are entitled to the compulsory portion by law, without the need for any security measures on your part.
§ 2303 BGB provides for the compulsory portion only for descendants who have been excluded from the statutory succession. It is unclear from your information whether you have been excluded from the succession according to your father's joint will. It is also possible that you are designated as a beneficiary or final heir in the joint will after the mother's death. In that case, you are an heir and the right to the compulsory portion does not apply.
The claim for the compulsory portion is directed against the heir. It expires after 30 years according to § 197 BGB.
If you are aware of the content of the will regarding the succession, feel free to contact me again for a final answer.
I hope this information has been helpful to you. If you have any further questions, please don't hesitate to ask.
Kind regards,
Andreas Scholz, Attorney
