Forced share (Pflichtteil).
Calculation and enforcement of the German forced share under §§ 2303 et seq. BGB: half of the statutory share, right to information against the heir, notarial inventory, supplementary forced share claims for lifetime gifts.
FAQ
- How is the German forced share calculated?
- It equals half of the statutory share. Entitled are descendants, the spouse and — if the deceased had no children — the parents.
- Who is entitled?
- Children, grandchildren (if their parents have predeceased), the spouse and, exceptionally, the deceased's parents.
- What information rights do I have?
- Beneficiaries can demand a notarial inventory and valuation reports from the heir.
- How is the claim enforced?
- Information first, then valuation, then payment demand. Litigation if necessary — most cases settle.
- When does the claim become time-barred?
- Three years from knowledge of the death and the disinheriting disposition; thirty years at the latest.
Kontakt
Rechtsanwalt Dr. Vincent Stelzhammer, LL.M., Maîtrise en droit
Achenbachstr. 132, 40237 Düsseldorf
E-Mail: vincent@stelzhammer.legal