What is the statutory share and who is entitled to it?
February 2, 2022 | 55,00 EUR | answered by Christiane Melzer
Dear lawyer,
I am reaching out to you because I am uncertain about the inheritance of my late mother and I urgently need help. My name is Konrad Zollmann and I am facing a complex legal issue that is weighing heavily on me.
My mother recently passed away and left a will in which she bequeathed a large part of her estate to a close friend. I am her only biological son and I am now wondering what my compulsory portion is and if I have any claim to it at all. I have read that children generally have a compulsory portion in the inheritance of their parents, regardless of what is specified in the will.
I am concerned that my compulsory portion may not be adequately taken into account and that I may be financially disadvantaged as a result. I want to ensure that my legal inheritance rights are not denied to me and that I receive my fair share of my mother's inheritance.
Could you please explain to me what my compulsory portion is and who else may have a claim to it? Are there ways to claim my compulsory portion if it has not been adequately considered? I would greatly appreciate your support and advice on this matter.
Sincerely,
Konrad Zollmann
Dear Mr. Zollmann,
Thank you for your inquiry regarding the inheritance of your deceased mother. It is understandable that you may feel unsure in such a complex and emotionally challenging situation and in need of legal advice. I would be happy to assist you with your concerns and provide you with all necessary information regarding the compulsory portion in inheritance law.
First and foremost, it is important to know that children generally have a legal entitlement to a compulsory portion of their parents' inheritance, even if they have been disinherited in the will. The compulsory portion amounts to half of the legal inheritance share that the child would receive without a will. This means that as the sole biological son of your mother, you can claim a compulsory portion amounting to 50% of the legal inheritance share.
In your case, it would be advisable to check if your mother has made a so-called Berlin will, in which you and your father have been appointed as sole heirs to each other. If this is the case, it may be that you can only claim your compulsory portion after the death of your father. Therefore, it is recommended to carefully review your mother's will in order to accurately assess your claims.
If your compulsory portion has indeed not been adequately taken into account, you have the option to claim it from the competent probate court. It is important that you claim your compulsory portion within a period of three years after becoming aware of the inheritance. Therefore, it is advisable to consult a lawyer promptly who can assist you in this matter.
I hope that this information has been helpful to you. If you have any further questions or need legal advice, I am at your disposal. Please do not hesitate to contact me to arrange a personal consultation appointment.
Best regards,
Christiane Melzer, Lawyer specializing in inheritance law
