Table of contents
- What does it mean to reject an inheritance?
- What is the compulsory portion?
- When does it make sense to disclaim an inheritance and claim the compulsory share instead?
- Important Information About the Rash
- Fazit
1. What does it mean to reject an inheritance?
Anyone who receives an inheritance – whether through intestate succession or a will – can either accept it or formally disclaim it. By disclaiming the inheritance, one loses the status of heir and does not become part of the community of heirs. One thus relinquishes all rights, but also all obligations, such as liability for estate debts.
2. What is meant by the compulsory portion?
The compulsory portion is a legally established claim to money for close relatives (e.g. children, spouses, parents) if they have been disinherited or not adequately considered in the will.
It amounts to half of the statutory inheritance entitlement and is enforceable as a monetary payment against the heirs. Those entitled to a compulsory share do not receive any specific assets from the estate.
3. In which cases is it advisable to disclaim the inheritance and only claim the compulsory share?
There are situations where, for financial or strategic reasons, it is advisable to waive the inheritance and instead claim the compulsory share:
1. The estate is over-indebted
If the deceased leaves behind more debts than assets, the heir is generally liable with the estate – possibly even with their private assets.
👉 Solution: Decline the inheritance – the compulsory share still applies if other heirs are present.
2. The compulsory portion exceeds the testamentary share of the inheritance.
In some wills, a legal heir is only granted a small share, even though he would have received more according to the law.
Example: Instead of the legally mandated quarter, a child receives only one tenth. The compulsory share (one eighth) is higher in this case.
👉 Solution: Decline the inheritance and claim your compulsory share – this is unencumbered and higher.
3. The inheritance share is subject to conditions.
If the inheritance is restricted, for example by an executor, subsequent inheritance or legacies, the heir cannot freely dispose of the estate.
👉 Solution: Claim your compulsory share – this is immediately available and not limited.
4. Avoid conflicts with other heirs
Family feuds or difficult inheritance disputes can become a burden. Those who want to avoid this prefer the clear statutory share regulations.
👉 Solution: Disclaimer – no participation in the community of heirs is necessary.
✅ 5. Tax and personal reasons
Even in cases of personal debt or to optimize tax aspects, disclaiming an inheritance in favor of the compulsory share can be beneficial.
For example:
- in case of one’s own over-indebtedness
- in the case of planned transfer or deferral of the compulsory share claim
- tax advantages compared to inheritance
👉 Consulting a Specialist Lawyer is strongly recommended in such cases.
4. What should be considered when making a decision?
The disclaimer is subject to formal requirements and deadlines – and it is final. Important:
- Deadline : 6 weeks from knowledge of the inheritance and the grounds for inheritance (§ 1944 German Civil Code); in case of an international element: 6 months
- Form : In person at the probate court or notarized
- After disclaiming the inheritance, there is only a claim to the compulsory share – reversal is not possible.
Conclusion
Declining an inheritance and only claiming the statutory share can be financially wise – especially in the following cases:
- high level of debt in the estate
- Disadvantage in the will
- encumbered inheritance share
- problematic community of heirs
Our tip: Have your statutory share professionally calculated and thoroughly examine the situation. Because: A disclaimer is final.
👉 Learn more at: www.ra-cocron.de
📞 Cocron Law Firm – Munich & Berlin
