Strategic Enforcement of Claims in Cases of Disinheritance
Under German inheritance law, the principle of testamentary freedom grants the testator the right to exclude close relatives from succession. However, this freedom is limited by compulsory share law (Pflichtteilsrecht), which protects the immediate family from total economic disinheritance. A claim for a compulsory share arises whenever a statutory heir – primarily children, spouses, or in certain cases, parents – has been disinherited by a will or inheritance contract, or if their inherited share falls below the statutory minimum quota. DR. SCHMIDT LEGAL supports affected individuals in consistently and effectively enforcing this purely monetary claim against the heirs.
The Right to Information as the Foundation for Calculation
Since the person entitled to a compulsory share is not an heir and has no direct access to the estate, they rely on the cooperation of the heirs to quantify their claim. Pursuant to Section 2314 of the German Civil Code (BGB), the disinherited party is entitled to a comprehensive right to information. The heir is obliged to provide a systematic inventory of all assets existing at the time of death, as well as all estate liabilities. DR. SCHMIDT LEGAL enforces this claim in court if necessary, ensuring the absolute completeness of the inventory, which must also disclose gifts made within the last ten years as well as all marital transfers (ehebedingte Zuwendungen).
Valuation and Claims for Augmentation of the Compulsory Share
A frequent point of contention in estate administration is the valuation of tangible assets, particularly real estate, art, or corporate interests. The claimant has the right to demand expert appraisals by independent valuers at the expense of the estate to determine the fair market value as of the date of death. Another essential aspect is the so-called augmentation of the compulsory share (Pflichtteilsergänzung). In this process, gifts made by the testator within the last ten years prior to their death are notionally added back to the estate (with the value decreasing by 10% annually) to prevent the compulsory share from being eroded by lifetime transfers. For gifts made to a spouse, all transfers since the marriage are generally relevant without any annual decrease. Furthermore, in cases of gifts made subject to a reserved usufruct (Nießbrauch), the ten-year period often does not even begin to run.
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DR. SCHMIDT LEGAL scrutinises these transactions in detail to calculate the augmentation claim with precision.
The Staged Action (Stufenklage) as a Procedural Tool
Should the heirs refuse to provide information or provide incomplete data, initiating a staged action (Stufenklage) is the preferred legal remedy. In the first stage, the heir is ordered to provide information and submit an inventory. If there are doubts regarding the accuracy of the disclosure, the second stage allows for the heir to be compelled to provide a formal affidavit (eidesstattliche Versicherung). Only in the final stage is the actual claim for payment filed based on the information obtained. This procedure secures the client's rights even if the heirs attempt to block the process. DR. SCHMIDT LEGAL conducts these proceedings strategically to ensure fair participation in the estate and to fully realise the economic value of the compulsory share.
Offsetting Prior Gifts and Statutes of Limitation
When enforcing claims, claimants must account for their own prior gifts (Vorempfänge) if the testator stipulated this at the time the gift was made. Furthermore, compulsory share claims are subject to a strict three-year statute of limitation, beginning at the end of the year in which the claimant became aware of the death and the provision affecting their rights.
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DR. SCHMIDT LEGAL strictly monitors these deadlines and proactively assesses whether offsets reduce the claim or whether additional augmentation claims can be asserted through sophisticated legal arguments to achieve the best possible result for the client.