How are compulsory portion claims enforced?
April 24, 2024 | 40,00 EUR | answered by Mia Widmann
Dear estate lawyer,
My name is Fred Schillinger and I am facing a complicated situation regarding my inheritance. My father recently passed away and in his will, he named my brother as the sole heir. I feel disadvantaged and have learned that as a child of the deceased, I am entitled to a compulsory portion.
The current situation is as follows: My brother has accepted the inheritance and I am now wondering how I can enforce my compulsory portion claim. I am concerned that my brother may not cooperate or try to withhold my share of the inheritance.
My question to you is therefore: How can I legally enforce my compulsory portion claim? What steps do I need to take and what deadlines do I need to consider? Are there any possibilities to reach an out-of-court settlement with my brother to avoid disputes?
I would be very grateful for your professional advice and support in this matter, as I am not familiar with inheritance law and unsure of the best course of action.
Sincerely,
Fred Schillinger
Dear Mr. Schillinger,
Thank you for your trust and your inquiry regarding your compulsory portion claim following the death of your father. I am sorry to hear that you are in such a difficult situation. I would be happy to assist you in this matter.
Firstly, let me explain what a compulsory portion claim actually means. As a child of the deceased, you have a legal right to a certain part of the inheritance, even if you were not included as an heir in the deceased's will. This claim amounts to half of the statutory share of the inheritance that you would receive if your father had died without a will.
To assert your compulsory portion claim, you must follow certain steps. Firstly, you should inform your brother about your claim and ask him to pay you your compulsory portion. If he refuses or causes difficulties, you can involve a lawyer to support you in enforcing your claim.
It is important to note that there is a three-year deadline from the date of the deceased's death to assert the compulsory portion claim. Within this period, you must register your claim, otherwise it will expire. Therefore, it is advisable to act promptly and seek professional assistance.
Regarding an out-of-court settlement with your brother, it may be worthwhile to consider mediation. In this process, both parties try to find a solution that is acceptable to both sides without resorting to a lengthy and costly court process. An experienced mediator can help you reach an agreement and avoid conflicts.
I am here to answer any further questions you may have and to support you in asserting your compulsory portion claim. Please do not hesitate to contact me to schedule a consultation.
Best regards,
Mia Widmann
Attorney specializing in inheritance law
