Can I exclude my compulsory portion in the will?
November 27, 2023 | 50,00 EUR | answered by Uwe Herrmann
Dear attorneys specializing in inheritance law,
I am writing to you with a question regarding my inheritance. In the will of my deceased father, my brother was appointed as the sole heir. I am wondering if it is possible to exclude my compulsory share in the will.
My father and I had a strained relationship in the last few years, which is why he intentionally did not include me in the will. However, I do not want to be left with nothing and I wish to claim my compulsory share.
I am concerned that my brother may deny me my compulsory share, as he was appointed as the sole heir in the will. I would like to know what options are available to me to still claim my compulsory share and if there are any legal steps I can take to enforce my claim.
I seek your expert advice and support in this matter. Thank you in advance.
Sincerely,
Otto Dietrich
Dear Mr. Dietrich,
Thank you for your inquiry regarding your compulsory portion claim in the will of your deceased father. I am sorry to hear that you had a difficult relationship with your father in recent years, which is now also reflected in his will. However, it is important to understand that German inheritance law provides certain regulations to ensure that compulsory heirs are not left out.
First of all, it is important to know that the compulsory portion is a legal claim that cannot be excluded by a will. Even if your father consciously did not include you in the will, as a legal heir, you are generally entitled to your compulsory portion. The compulsory portion amounts to half of the statutory share of the inheritance that you would receive if you had not been disinherited.
Since your brother was appointed as the sole heir in the will, he may try to deny you your compulsory portion. In such a case, however, you have the option to still claim your compulsory portion. First, you should review the will to determine your exact rights and the precise amount of your compulsory portion. If your brother refuses to pay you your compulsory portion, you can consult an attorney specializing in inheritance law to initiate legal action.
Possible legal actions could include a compulsory portion lawsuit that you can file in court to enforce your claim. In such a proceeding, the court will examine whether you are indeed entitled to a compulsory portion and instruct your brother to pay it out if that is the case. However, it is important to note that such a process can often be lengthy and costly.
Therefore, I recommend that you promptly contact a specialized attorney in inheritance law to assess your rights and take legal action if necessary. Your compulsory portion is protected by law, and you have the right to claim it. I hope this information helps you, and I am available to answer any further questions you may have.
Sincerely,
Uwe Herrmann
Attorney specializing in inheritance law
