Compulsory share and disinheritance

Defending against and enforcing forced heirship claims is one of the most common points of contention in inheritance law. If a close relative of the deceased is disinherited or inadequately provided for, they can assert their statutory forced heirship rights and, as a forced heir, have a claim for payment of money that must be asserted against the heir.

We represent clients as testators, for example, when it comes to disinheriting children or spouses and reducing their forced heirship claims (through gifts or marriage contracts) as far as legally permissible. We also represent clients as beneficiaries if, for example, they have been inadequately included in the estate through a will and are wondering whether they are entitled to forced heirship rights, how much they can claim, and how these claims can be enforced in court if necessary. 

Disinheritance for Children and Spouses is Only Permissible in Cases of Extreme Hardship

In inheritance cases, it must always be checked whether the mandatory provisions of Sections 2303 et seq. of the German Civil Code (BGB), which can only be deviated from in exceptional circumstances, have been complied with. Children and spouses can only truly be “disinherited” in cases of extreme hardship. You too might be entitled to a higher forced share than what was stipulated in the will.

Ideally, you should have the applicable inheritance shares reviewed by our experienced inheritance law attorneys in Nuremberg.

• Have you been excluded from statutory succession by a will or an inheritance contract?
• Have you learned of gifts that reduce your claims to an estate?
• Have you become an heir and wish to renounce the inheritance or the allocated bequest?
• Do you wish to deprive a statutory heir of their forced share of your estate?

Process and Support

• Reviewing the existing will or inheritance contract to determine if the disinheritance is valid or if there is a possibility of challenging it.
• In the event of valid disinheritance: determining the amount of the forced share and, if necessary, enforcing it through legal action.
• Reviewing the facts to determine if the legal requirements for depriving someone of their forced share are met.

Goals and Prospects of Success

• Determining the exact composition and value of the estate to calculate the amount of the forced share.
• Avoiding high expert costs and court proceedings through out-of-court settlement with the heirs.
• Judicial enforcement and securing of the forced share.
• Effective testamentary disinheritance and deprivation of the forced share.

Time Commitment and Duration of Proceedings

• Consultations are available at any time and on short notice.
• Out-of-court representation typically leads to an agreement within a few months.
• In the absence of an out-of-court settlement: the timeframe for legal proceedings is determined by the probate courts. 

Costs and Fees

• An initial consultation for consumers is available for a maximum of Euro 190.00 plus statutory value-added tax.
• The costs for further, including written, consultation and representation depend on the scope, complexity, and significance for the client.
• Out-of-court, it is possible to agree on fair flat fees.
• Court representation: billing according to the Lawyers' Remuneration Act (RVG) or a flat fee agreement with early limitation of the anticipated cost risk.