Compulsory portion of inheritance: What applies despite a will?

What is the compulsory portion of inheritance?

Anyone drawing up a will or inheritance contract can, in principle, decide freely who should inherit their assets. However, this freedom of testation is limited by law: the rules on the compulsory portion.

If the deceased disinherits their spouse or statutory heirs such as descendants or parents, these persons are still entitled to a legally protected minimum share of the estate. This is set out in § 2303 of the German Civil Code (BGB): the compulsory portion always amounts to half of the statutory share of inheritance – that is, half of the share the person would have received if no will existed. This compulsory portion must be actively claimed from the heirs.

If spouses, descendants or parents are not fully disinherited but receive less than their compulsory portion, they can claim the difference as an additional compulsory portion. If instructions in the will or inheritance contract result in the value of their inheritance falling below the compulsory portion, they may also renounce the inheritance and claim the compulsory portion instead.

If property or other assets form part of the estate, you do not receive your compulsory portion in the form of a specific asset. The value is determined and paid out as a cash amount.

Who is entitled to a compulsory portion?

A claim to the compulsory portion exists for persons who were closely related to the deceased and who have been disinherited by a will or inheritance contract. This primarily includes:

• Spouses and registered civil partners

• Children of the deceased

If one of these persons is mentioned in the will but receives less than their compulsory portion, an entitlement also exists.

For parents of the deceased, the right to a compulsory portion is more limited: they are only entitled if the deceased leaves no children or grandchildren of their own.

Partners without marriage or registered civil partnership, siblings, as well as stepchildren and foster children, are not entitled to a compulsory portion.

How high is the compulsory portion?

The compulsory portion always corresponds to half of the statutory share of inheritance. The statutory share is the proportion of the estate that a person would be entitled to under the law if there were no will. How the calculation works in detail is explained in the next section.

How is the compulsory portion calculated?

The starting point for calculating the compulsory portion is the value of the estate. All assets of the deceased are added together: bank balances, cash, shares, property, valuable collections and other assets. From this gross total, debts and funeral costs are deducted.

The result is the net estate value. On this basis, the statutory share of inheritance is calculated, and from this the compulsory portion is determined.

Examples of compulsory portion amounts

The exact amount depends on the estate value and the number of statutory heirs:

• Two children, no spouse:Each child has a statutory share of 50 percent. The compulsory portion is therefore 25 percent each – i.e. EUR 50,000 for each child if the estate amounts to EUR 200,000.

• One child and one spouse:The child’s statutory share is 50 percent; its compulsory portion is therefore 25 percent – EUR 50,000 from an estate of EUR 200,000. The spouse has a statutory share of 25 percent (in a standard community of accrued gains), so the compulsory portion is 12.5 percent – EUR 25,000.

• Spouse and two children:In the usual case of a community of accrued gains, the spouse’s compulsory portion is 25 percent (EUR 50,000), and the compulsory portion for each child is 12.5 percent (EUR 25,000).

Special case: Gifts and their impact on the compulsory portion

Particular attention is required for gifts made by the deceased while still alive. If a gift was made less than ten years before the death, its value is included proportionally in the calculation of the compulsory portion under the so‑called reduction model. For each year that has passed, the value taken into account is reduced by ten percent. For example, if a holiday home was transferred to one child five years before death, a proportion of the property’s value is still included in the calculation of the compulsory portion.

In this context, the concept of a mixed gift of property is also relevant. Here, a property is transferred at a price below market value, so that part of the value is effectively gifted and part is paid for. The gifted portion can be relevant for the compulsory portion as long as the ten‑year period has not yet expired.

Find out how to transfer property securely in our guide to gifting property. Additional information can be found in our article on passing on property.

How to claim your compulsory portion

Once the will has been opened and you learn that you have been disinherited, you must actively assert your claim to the compulsory portion. First, you ask the heirs to provide you with a written inventory of the estate. This inventory must list all assets, liabilities and gifts already made. If the estate includes property, art or collections, you can have their value determined by an independent expert.

On the basis of the estate inventory, you calculate your claim to the compulsory portion and demand payment from the heirs. If the heirs refuse to pay, you can enforce your claim in court.

Important: The limitation period for asserting the compulsory portion is three years. It starts at the end of the calendar year in which you became aware of the inheritance and your disinheritance. If you let this period expire, your claim lapses. In March 2025, the Federal Court of Justice (BGH) confirmed in a ruling (IV ZR 88/24) that this three‑year period also applies to children born outside marriage and begins at the end of the year in which they learned of the death and their disinheritance.

Withdrawing the compulsory portion: Only possible in exceptional cases

Only in very narrow circumstances can the deceased withdraw a person’s right to the compulsory portion. This always requires serious misconduct.

Possible reasons include:

• Attempted or completed killing of the deceased or a close relative

• Gross misconduct towards the deceased

• Breach of maintenance obligations

• Long‑term placement in a psychiatric institution

• Final conviction to a custodial sentence of at least one year without probation

Important to note: withdrawal of the compulsory portion applies only to the individual person concerned. If a child’s compulsory portion is withdrawn, that child’s own descendants – the deceased’s grandchildren – may still have a valid claim.