Key Facts at a Glance
1/2 of the statutory share as a compulsory portion
§ 2303 BGB
The legal basis under the German Civil Code
3 Years Limitation period – act in good time!
10Years
Gifts/donations can be taken into account for the claim
12 years of expertise in commercial legal consultancy
Inheritance law and compulsory portion law in Cologne
Transparent fee models
BASICS
What is the
Compulsory Portion?
German inheritance law protects close relatives by guaranteeing a minimum legal share – even if a will states otherwise.
The compulsory portion (Pflichtteil) is a statutory monetary claim against the heirs. It is available to specific close relatives who have been excluded from the succession by a will or inheritance contract – regardless of the deceased’s wishes.
Regulated under Sections 2303 to 2338 of the German Civil Code (BGB), this is not a claim to specific physical objects, but always a monetary claim amounting to a specific fraction of the estate's value.
Who is entitled to a claim?
Direct descendants (children, grandchildren), whereby the earlier generation excludes the subsequent one; spouses or registered partners; and – if there are no descendants – the parents of the deceased.
The amount is always half of the statutory share (gesetzlicher Erbteil) the person would have received had there been no will. For example, if you were entitled to a quarter of the estate by law, your compulsory portion would be one-eighth of the estate's value.
Important: The claim expires 3 years after the end of the year in which you became aware of the death and your disinheritance. Do not wait too long.
WHAT I DO FOR YOU
My Services at a Glance
01.
Add Back Gifts
Ohne geeignete Gestaltung greift der Sozialhilfeträger auf das geerbte Vermögen zu. Mit einem Behindertentestament bleibt das Erbe im Familienvermögen – und die staatlichen Leistungen bleiben erhalten.
02.
Add Back Gifts
Die Erträge des Vermögens können gezielt für Bedürfnisse eingesetzt werden, die der Staat nicht deckt: besondere Betreuung, Freizeitgestaltung, Wohnkomfort. Das verbessert die Lebensqualität spürbar.
03.
Add Back Gifts
Ein Testamentsvollstrecker aus dem Familienkreis oder einer Vertrauensperson verwaltet das Vermögen – im Sinne des Kindes, nicht des Staates. Diese Kontinuität ist unbezahlbar.
WHAT I DO FOR YOU
My Services at a Glance
01
Assessment & Qualification
I verify whether you have a compulsory portion claim and calculate its value based on statutory succession, the value of the estate, and potential prior gifts.
Initial Assessment
02
Requesting Information
Heirs are obliged to provide a full inventory of the estate (Section 2314 BGB). I request this information in writing – and through the courts if necessary.
Kernleistung
03
Enforcing the Claim
I assert your compulsory portion against the heirs – initially out of court, and if they refuse, before the competent court.
Enforcement
04
Defending against Claims
Are you an heir facing demands for a compulsory portion? I review the legitimacy and amount of the claim and defend you against excessive or unjustified demands.
Defence
05
Reviewing Supplementation Claims
Did the deceased give away assets to diminish the compulsory portion? Gifts made in the last 10 years can be claimed via a supplementation claim (Pflichtteilsergänzungsanspruch). Gifts to spouses may even be considered beyond this period.
Familienabstimmung
06
Out-of-Court Settlements
Many compulsory portion disputes can be resolved without going to court. I negotiate objectively and with a goal-oriented approach to save you time and costs.
Negotiation
CALCULATION
How Your Compulsory Portion is Calculated
All assets (property, accounts, securities, business shares, etc.) are added up, and debts are deducted. The market value at the time of death is decisive.
Jeder Fall ist individuell. Ich analysiere Ihre konkrete Situation und zeige Ihnen die beste Lösung im persönlichen Beratungsgespräch.
03
Halve the Share
The compulsory portion is exactly half of the statutory share – a specific percentage of the net estate.
ABOUT ME
Analytical, Precise –
Personally Invested
My name is Dr Hanna Schmidt. I am a lawyer and founder of the firm DR. SCHMIDT LEGAL in Cologne. I advise with a focus on inheritance law – specifically regarding compulsory portion claims and disputes.
My 12 years of experience in leading commercial law firms have taught me to grasp complex facts quickly, structure them clearly, and represent them consistently. I now bring these strengths to a field of law that demands just as much precision – but requires much more humanity.
As a boutique firm in Cologne, I place particular value on personal service: your case will be handled by me personally, from the first enquiry to the final result.
Learn more:
12 Years of Experience
From renowned commercial firms – accustomed to complex cases and high-quality standards.
§
Specialist Focus Inheritance Law
Compulsory portion law is my focus. I advise both claimants and heirs and know the typical points of contention on both sides.
In Cologne– and Nationwide via Video
Personal consultation on-site or via video conference. I represent you in competent courts across Germany.
Transparent Fees
Billing is based on an hourly rate agreed upon in advance. Should the statutory fees (RVG) be higher, these will form the basis for billing.
Vergleichsrechnung
Nachlass: 400.000 € I Zwei Kinder I Kind B behindert, Grundsicherung ca. 900 €/Monat
OHNE BEHINDERTENTESTAMENT
Erbteil Kind B
200.000 €
Anrechnung Sozialhilfe
minus 200.000 €
Verbleibend für Kind B
0 €
MIT BEHINDERTENTESTAMENT
Vorerbschaft Kind B
200.000 €
Sozialhilfe läuft weiter
ca. 10.800 €/Jahr
Erträge für Extras
Ertrag verfügbar
VORTEIL FÜR KIND B
Lebenslang gesichert
200.000 €
PROCESS
1
Initial Consultation
Brief call or email to clarify how I can help, followed by an appointment.
2
Analysis & Strategy
I review documents, calculate the compulsory portion, and develop the best approach.
3
Information & Negotiation
Requesting the estate inventory and negotiating with the opposing party.
4
Enforcement
If necessary, filing a lawsuit and providing rigorous representation of your interests.
This is how we will proceed together
FAQ
Answers to your Questions
Can I waive my compulsory portion?
Yes, a waiver is possible during the deceased's lifetime but must be notarised. It is often linked to a severance payment.
What is a supplementation claim?
If the deceased gifted assets within the last 10 years, these are notionally added to the estate. For each completed year prior to the death, the value for assessment is reduced by 10%. For gifts made to a spouse, the ten-year period only begins upon divorce or death; therefore, the full value is generally applied in such cases.
Must the compulsory portion be paid immediately?
The claim is due immediately. In cases of hardship, the court may grant a deferment (Section 2331a BGB).
When does my claim expire?
The claim is subject to a 3-year statute of limitations, beginning at the end of the year in which the death occurred and you became aware of the disinheritance (Section 2332 BGB). Please take action in good time.
Can the compulsory portion be withdrawn?
Only in very narrow exceptions (Section 2333 BGB) – such as a serious physical assault on the deceased.
How much does the consultation cost?
I bill on an hourly rate basis – unless the statutory fees under the German Lawyers’ Remuneration Act (RVG) are higher, in which case the statutory fees shall apply. I will inform you of my hourly rate in advance, ensuring you have full cost transparency from the very beginning.
Get in Touch
Please send an email to kontakt@drschmidt-legal.de. A response will follow shortly. Alternatively, contact by telephone is also possible.
Note on Fees: Services by DR. SCHMIDT LEGAL are generally provided based on hourly fee agreements which may exceed the statutory rates set by the German Attorney Remuneration Act (RVG), except where statutory fees are higher in a specific case (for further details, please refer to "Costs"). This allows for the intensive, high-quality representation of your interests.
Jakordenstraße 8, 50668 Cologne, Germany
+49 (0) 221 292 40 370
Office Hours
Mon – Thu
Fri
9 a.m. - 7 p.m.
9 a.m. - 5 p.m.
and by appointment
