Law firm for claiming compulsory portion

Mandatory part: Legal classification and procedures

CDR Legal provides you with legal security combined with empathetic and transparent advice. A free initial consultation enables you to find out the best approach for your individual case. Competent support is essential, especially in inheritance law, because claims and deadlines for compulsory portions can quickly become complex. With a clear focus and many years of experience, the lawyers at CDR Legal will help you to eliminate ambiguities and assert your compulsory portion in a legally secure manner.

Basics of the compulsory portion

The compulsory portion is a legally guaranteed minimum share in the estate. It comes into play when a testator disinherits close relatives – usually spouses, children or, under certain circumstances, parents – or divides the inheritance to their disadvantage. In such situations, those entitled to a compulsory portion can assert their claim and receive a certain proportion of the estate value in cash. Complexities arise, for example, when an inheritance is concealed. It is crucial to obtain expert advice at an early stage in order to assert all claims in good time and not miss any deadlines.

In legal terms, the compulsory portion consists of half of the statutory inheritance share. However, not every family member is automatically eligible. It is often children who enforce their compulsory portion. They are intended to ensure that they receive a minimum share of their parents’ estate, regardless of testamentary provisions. Spouses or registered partners may also be entitled to a compulsory portion if they have been disadvantaged or completely disinherited in a will.

Usufruct and its effects

Not only the amount of the estate but also the type of assets play an important role in determining the compulsory portion. Usufruct plays a special role in inheritance law. It grants a person the use of certain assets without transferring ownership, and this has a direct effect on the valuation of the estate. If a usufruct has been established, the market value of an asset changes to some extent and can accordingly influence the share that a beneficiary of a compulsory portion receives.

The legal construction of usufruct often raises questions about the precise distinction between ownership and the benefit of use. Those entitled to a compulsory portion should therefore seek comprehensive advice if they have the impression that a usufruct will reduce their entitlement. Expert support is advisable in order to avoid possible losses in the calculation of the compulsory portion.

Payment and deadlines

Once the compulsory portion has been determined, it is usually a question of paying out the compulsory portion. This claim is directed at the heirs, who must pay the compulsory portion in cash. It is important to observe all deadlines and formalities. As a person entitled to a compulsory portion, you should assert your claim as early as possible by requesting information about the estate from the heirs in writing. If the information is delayed or if the valuation of assets is unclear, it may be necessary to initiate expert opinions or legal proceedings in order to enforce the compulsory portion.

Disputes arise in particular if the testator made gifts during his or her lifetime, the effects of which on the estate are unclear. In these cases, a supplement to the compulsory portion may be considered if the legal requirements are met. Care benefits also play a role, for example in the case of additions to the compulsory portion in connection with care obligations. To be sure which claims apply, you should seek legal advice as early as possible.

Distribution in patchwork families and sibling claims

Patchwork families are increasingly common in modern inheritance law. In addition to biological children, stepchildren or siblings can also play a role in the inheritance. However, siblings are only entitled to a compulsory portion in exceptional cases, namely if there are no other persons entitled to a compulsory portion – such as children, grandchildren or spouses. However, the diverse constellations repeatedly lead to disputes because the statutory succession and the right to a compulsory portion do not do justice to all individual family circumstances.

For joint families in particular, it is advisable to draw up a clear will or inheritance contract at an early stage to determine who should receive which share. In this way, differences of opinion and potentially lengthy disputes can be prevented in an emergency. Seek advice from an experienced law firm for the best possible protection.

Berlin will and compulsory portion

A frequently used form of will is the Berlin will. Spouses appoint each other as sole heirs, so that on the death of the first spouse, the entire estate passes to the surviving partner. For many families, this is a convenient solution, as the surviving spouse does not have to worry about financial distribution for the time being. However, children or other persons entitled to a compulsory portion have the option of claiming the compulsory portion directly after the death of the first parent. This situation can lead to tensions within the family, especially if large assets or real estate are involved.

In order to avoid conflicts, it is advisable to keep the possible claims of the children in mind when drawing up a Berlin will. Legal advice clarifies the extent to which it may make sense to reach agreements on waivers of division or corresponding compensation. This keeps financial and family matters in balance.

Practical recommendations for action

If you want to plan your succession or are already facing an inheritance situation, you should follow a few practical tips to avoid disputes about the compulsory portion as far as possible or to defuse them at an early stage:

• Prepare a detailed overview of your assets and make a realistic valuation of your assets.
• Seek advice from experts in order to correctly assess special features with regard to usufruct, gifts or care services.
• Communicate your plans to your relatives as early as possible so that there are no unexpected constellations.
• Check whether the compulsory portion can be contractually waived in return for a settlement – such arrangements usually have to be notarized.
• Please note the binding effect of the Berlin will and the required forms for supplementary or amending dispositions.

If you already have to claim your compulsory portion, it is advisable to take the necessary steps without delay. If there are any uncertainties regarding assets, deadlines or gifts, it is advisable to seek expert assistance in order to avoid significant disadvantages.

How CDR Legal can help you

CDR Legal offers you a free initial consultation and only takes on cases with a realistic chance of success. The law firm guarantees complete cost transparency prior to any service and analyzes your case within two working days. If necessary, we will submit a free cover request to your legal expenses insurance company so that you are represented with empathy, competence and many years of experience.