What is the compulsory portion and who is entitled to it?
July 3, 2023 | 50,00 EUR | answered by Uwe Herrmann
Dear attorney specializing in inheritance law,
My name is Franceska Lehmann and I have a question regarding the topic of compulsory portion in inheritance law. My father recently passed away and left a will in which he disinherited me and my siblings. I have heard that there is still a compulsory portion to which we, as disinherited children, are entitled.
My father had a new wife whom he married shortly before his death. She is now the sole heir and has received the entire inheritance. I am concerned that we, as disinherited children, could be left with nothing, even though we have a right to the compulsory portion.
Could you explain to me what exactly the compulsory portion is and who is entitled to it? Are there ways to claim the compulsory portion, even if we were disinherited in the will? And how much would the compulsory portion be that we would receive?
I thank you in advance for your help and guidance in this difficult situation.
Sincerely,
Franceska Lehmann
Dear Mrs. Lehmann,
Thank you for your inquiry regarding the compulsory share in inheritance law. I am sorry to hear that your father has passed away and you and your siblings were disinherited in the will. I understand your concerns about being left with nothing, even though as disinherited children, you are entitled to the compulsory share.
The compulsory share is a legally established minimum share of the inheritance that close relatives are entitled to receive even if they were not considered in the testator's will. The compulsory share law is meant to ensure that close relatives cannot be completely excluded from the inheritance. In your case as disinherited children, you basically have a claim to the compulsory share.
The compulsory share is usually half of the statutory share that you would have received if your father had passed away without a will. This means that you and your siblings each have a claim to a quarter of the statutory share. The exact amount of the compulsory share depends on the value of the estate, so it is important to make a precise calculation.
Even if your stepmother was appointed as the sole heir, it does not mean that you and your siblings have to walk away empty-handed. You can claim the compulsory share from the sole heir. To do so, you must demand the compulsory share within a deadline of three years after becoming aware of the inheritance or disinheriting. It is advisable to consult a lawyer to assert your claims.
It is important to emphasize that the compulsory share is a minimum share and cannot be affected by gifts or similar measures. If the sole heir tries to bypass the compulsory share, you can take legal action to enforce your claim.
I hope that this information has been helpful to you. If you have any further questions or need advice, please feel free to contact me.
Sincerely,
Uwe Herrmann, Lawyer specializing in inheritance law
