If a child cares for their mother or father at home for an extended period, disputes often arise during inheritance proceedings: Is the child providing care entitled to a larger share – and might the siblings end up with nothing? Section 2057a of the German Civil Code (BGB) contains a specific regulation for precisely this situation.
What does compensation mean in the context of care services?
If several children are co-heirs, for example under the statutory rules of inheritance, the child who provided care can demand compensation (§ 2057a para. 1 sentence 2 of the German Civil Code). It is important to note that the inheritance share itself does not change. The compensation affects only the distribution within the community of heirs.
Put simply: Caregiving can increase the calculated share.
What criteria are used to evaluate care?
The assessment is made according to equity (§ 2057a para. 3 of the German Civil Code). Courts regularly make a three-part assessment:
- Duration and intensity of care,
- economic value of care (e.g. fictitious care costs, loss of earnings, housing benefits),
- Overall assessment taking into account the size of the estate and the interests of all parties involved.
Especially in the case of small estates, this can result in substantial compensation payments.
Can the care allowance consume the entire estate?
This is where the biggest conflict lies: Care should be recognized, while at the same time the compulsory share law protects close relatives as an economic minimum.
The Federal Court of Justice (BGH) has not yet definitively ruled on whether the compensation may completely deplete the estate. In practice, however, there are many arguments against this, as the complete disinheritance of a co-heir is generally not considered “fair”.
What role does the compulsory share play?
The compulsory portion is relevant in two respects:
On the one hand, the compensation for care is taken into account in the compulsory portion law via § 2316 BGB.
On the other hand, it is debated whether the compulsory share represents an absolute lower limit. Case law is not clear on this point, but tends towards a certain minimum level of protection.
Practical Solution: A Protected Area
In legal discussions, a residual amount free from equalization is often proposed. As a guideline, this is typically around 10–15% of the statutory share, depending on the size of the estate. The aim is to avoid a complete “zeroing” of the inheritance.
What does that mean in concrete terms?
- Care services should be thoroughly documented.
- In communities of heirs, it should be clarified early on whether a claim for compensation exists.
- When the discount is small, special attention should be paid to ensuring a fair minimum remaining balance.
In disputes concerning care benefits or compulsory shares, we examine the situation in a structured manner and based on current case law.
Law Firm Cocron GmbH & Co. KG (Munich/Berlin)
