Law firm for compulsory portion payment

How to enforce the payment of the compulsory portion

The compulsory portion gives close relatives a clear minimum financial entitlement, even if they were left out of the will. However, while the entitlement itself is clearly regulated, the payment of the compulsory portion often causes uncertainty and conflict in practice. Many persons entitled to a compulsory portion ask themselves: When does the heir have to pay? What deadlines apply? How is the amount enforced? And what happens if the heir does not cooperate? Here we explain in detail how the payment of the compulsory portion works legally and what steps those affected should take to successfully enforce their claim.

When does the entitlement to payment arise?

The right to a compulsory portion arises upon the death of the testator. This means that from this point in time, those entitled to a compulsory portion have an immediate claim to payment. This is not a participation in the estate, but an independent monetary claim against the heirs.
However, entitled persons can only quantify the compulsory portion once they have received complete information on the value of the estate. Therefore, enforcement practically always begins with the enforcement of the right to information.

The path to payment: information, valuation, calculation

For most of those affected, it is initially difficult to know how to proceed. The process legally follows a clear sequence:

1. request information from the heirs

Before a payment can be made, those entitled to a compulsory portion must obtain the following information:

• Which assets belong to the estate?
• What debts exist?
• Did the testator make gifts during his lifetime?
• Are there any properties or companies?
• How high are bank balances and securities?

The heirs are legally obliged to draw up a complete inventory of the estate. If desired, this can also be recorded by a notary. Those entitled to a compulsory portion are entitled to:

• Access to account statements
• Contracts and appraisals
• Wills and inheritance contracts
• Information on donations
• Documents on real estate and investments

2. estate valuation

Only a realistic valuation of the estate enables the correct calculation of the compulsory portion. These include, for example:

• Market value of real estate
• Securities holdings
• Company shares
• Vehicles and other assets
• Deduction of debts, loans and estate liabilities

3. calculation of the compulsory portion

The compulsory portion is half of the statutory inheritance share. If you are entitled to ¼ of the estate according to the statutory order of succession, the compulsory portion is half of this, i.e. ⅛ of the estate. Important: When calculating the compulsory portion, the claim to a supplementary compulsory portion is often also relevant if gifts would reduce the compulsory portion. Only then can the payout amount be determined precisely.

Are there deadlines for the payment of the compulsory portion?

Many of those affected assume that there are fixed statutory deadlines for the payment of the compulsory portion. In fact, the legal situation is somewhat more differentiated:

• The compulsory portion is due immediately as soon as the value of the estate has been determined.
• The heir may not delay payment indefinitely.
• A “processing time” does not exist in law.

If the heir does not meet his or her payment obligation, the beneficiary of the compulsory portion can declare default – and thus demand interest on arrears.

Claims to a compulsory portion lapse within three years, beginning at the end of the year in which the beneficiary becomes aware of the inheritance and the disinheritance. This period can expire quickly if heirs delay or delay providing information.

Frequent problems with the payment of the compulsory portion

In practice, situations regularly arise that make a payout considerably more difficult. The most common hurdles are:

• Incomplete or delayed information by the heirs
• Dispute over the value of the estate
• Disagreement about gifts and supplementary claims
• Liquidity problems of the heirs
• Refusal to pay out despite clear calculation

The last point in particular is widespread. Many heirs hope that those entitled to a compulsory portion will “give up” or settle for a significantly lower amount. Those who do not actively enforce their rights often lose time – and in the worst case, money.

What to do if the heir does not pay?

If the payment stalls, those entitled to a compulsory portion have several legally protected instruments:

1. Written request for payment with a deadline: This is the first formal step to put the heir in default.
2. Entitlement to interest on arrears: As soon as the heir is in arrears, interest on arrears is due – often an effective incentive.
3. Judicial enforcement: If no agreement is reached, you can assert the compulsory portion in court. The court then examines both the value of the estate and the justification of the claim.
4. Security measures: In the case of large amounts or doubtful solvency, it may be necessary to secure assets or apply for provisional measures.

Paying the compulsory portion despite the heir’s financial difficulties?

It is not uncommon for heirs to find themselves in a difficult situation if the compulsory portion is high but assets are predominantly tied up in real estate. Legally, however, the following applies:

• The compulsory portion must still be paid.
• Payment in installments is only possible if both parties agree.
• The heir may even be forced to sell assets in order to receive payment.

It is therefore important for those entitled to a compulsory portion not to agree to unfavorable compromises prematurely.

Why legal support for payouts is so important

Enforcing the payment of the compulsory portion is rarely a mere formality. It requires complete information, correct calculation, legally compliant communication, clear deadlines – and, in case of doubt, legal action. Without legal advice, many claimants lose valuable time or accept amounts that are too low.

CDR Legal supports those entitled to a compulsory portion from the very first step: We request complete information from the heirs, examine the estate and possible supplementary claims, calculate the compulsory portion precisely and then enforce it out of court or in court. We take care to prevent delaying tactics and set clear deadlines so that you receive the amount to which you are legally entitled as quickly as possible.

During the free initial consultation, we analyze your individual starting position and discuss further options for action as well as your risks and opportunities with you. As a law firm specializing in inheritance law, we are at your side with all our expertise.