What role does compulsory portion law play and how can it be circumvented?
May 1, 2022 | 40,00 EUR | answered by Mia Widmann
Dear lawyer,
I am reaching out to you with a question regarding inheritance law. My mother recently passed away and left a will in which she appointed me as the sole heir. However, I have two siblings who were not mentioned in the will. Now they are claiming their statutory share and threatening legal action.
I am concerned that my inheritance could be diminished by the statutory share law. What role does the statutory share law play in my case and how can I possibly avoid it? Are there ways to protect my inheritance and avoid the claims of my siblings? I want to ensure that my mother's last will is respected and no unwanted disputes arise.
I would greatly appreciate a thorough legal advice and possible solutions. Thank you in advance for your support.
Sincerely,
Wilhelm Heuser
Dear Mr. Heuser,
Thank you for your inquiry regarding inheritance law. First of all, I would like to offer my sincere condolences on the loss of your mother. It is understandable that you are concerned that your inheritance could be diminished by the claims of your siblings. In your case, the right to a compulsory share plays a crucial role and regulates the minimum claims of the statutory heirs, even if they were not considered in the will.
According to § 2303 of the German Civil Code (BGB), your siblings have a legal claim to the compulsory share of your mother's inheritance if they were not considered in the will. The compulsory share amounts to half of the statutory share that your siblings would have received without the will. This claim cannot be excluded in principle, unless there are special reasons that justify disinheritance.
There are various ways to circumvent the compulsory share right. One of them is to enter into an agreement with your siblings to waive their compulsory share during your mother's lifetime. This agreement must be notarized and should be carefully considered, as a waiver of the compulsory share is irrevocable. Another option is to make lifetime gifts to reduce the inheritance and thus lessen the compulsory share claim.
It is important that you seek timely and comprehensive advice to protect your interests and avoid potential disputes. An experienced inheritance law attorney can help you find the best solution for your individual situation. Together, we can explore which options make the most sense for you and how you can respect your mother's last will.
I am available for a detailed consultation and look forward to assisting you in clarifying your inheritance law questions.
Best regards,
Mia Widmann, Attorney at Law
