The compulsory portion applies despite the will

When making a testamentary disposition, the testator is free to determine to whom he or she wishes to leave what. He or she has comprehensive freedom to make a will - until it comes to the issue of the compulsory portion.

When bequeathing real estate, the freedom to make a will is limited by the so-called right to a compulsory portion. This means that if the testator disinherits his spouse, descendants entitled to inherit or parents, they are entitled to a certain minimum share of the estate with the statutory compulsory portion. The compulsory share amounts to half of the statutory share of the inheritance. It must be actively asserted against the heirs. If the spouse, descendants entitled to inherit or parents are not disinherited but receive less than the value of the statutory compulsory portion, they can claim the difference between the inheritance portion and the compulsory portion as a so-called additional compulsory portion.

If, on the other hand, the testator's instructions in the will or in the contract of inheritance result in the value of the compulsory portion not being reached, the inheritance can be disclaimed and the compulsory portion demanded.