Right to a compulsory portion

Right to a compulsory portion - Right to a compulsory portion

The efficient enforcement or defence of a claim to a compulsory portion, i.e. the compulsory portion in inheritance law, is one of the tasks of our inheritance law specialists.

Claim to compulsory portion despite will

Inheritance law generally provides for testamentary freedom. This means that a testator is able to exclude legal heirs from the succession by making a will. On the other hand, there is the constitutional guarantee of inheritance, which in principle grants the children of a testator a minimum share in the estate. This minimum share is the subject of the right to a compulsory portion. Disinheriting a child therefore regularly leads to the child claiming the compulsory portion.

Content of the compulsory portion claim

The right to a compulsory portion does not arise directly from the estate, i.e. not from a share in the estate. The compulsory portion in inheritance law consists of a monetary claim.

Claiming the full compulsory portion - claim to a supplementary compulsory portion

If the testator has reduced his assets during his lifetime by making gifts in order to reduce the claim to a compulsory portion, the beneficiary of the compulsory portion may be able to claim an increase in the compulsory portion. Our specialist lawyers for inheritance law will answer any questions you may have about this claim to a supplementary compulsory portion.

Withdraw compulsory portion claim

The right to a compulsory portion can be withdrawn for legally defined reasons. It should be noted that, for example, the lack of personal contact or a relationship between the testator and the person entitled to a compulsory portion over many years is generally not sufficient. The legislator requires serious misconduct on the part of the beneficiary of the compulsory portion towards the testator or persons close to him in order to withdraw the right to a compulsory portion. Such a reason must be fully explained in the will. The high hurdles involved in withdrawing a compulsory portion generally require qualified legal advice, which our specialist lawyers for inheritance law are happy to offer you.

Restriction of the compulsory portion in good faith

The limitation of the compulsory portion in good faith is intended to open up the possibility of preserving the family assets for future generations if they would be significantly jeopardised by those entitled to a compulsory portion. Reasons for this could include excessive debt or a lavish lifestyle. There are various legal arrangements that can be utilised to ensure that the beneficiary of the compulsory portion receives the net proceeds of the assets. The assets remain protected from access by any creditors.

Our specialist lawyers for inheritance law will be happy to discuss with you personally which inheritance law structure is the most appropriate in each individual case.

Precautionary advice regarding a claim to a compulsory portion

The specialist lawyers for inheritance law at the law firm Schneider Stein & Partner also advise clients on the possibilities of precautionary organisation to avoid conflicts regarding the right to a compulsory portion.