The compulsory share becomes due immediately upon the death of the testator. From this point on, it is inheritable and transferable. The person entitled to the compulsory share can demand both payment of the share and the provision of the necessary information immediately. They do not need to wait for the distribution of the estate among the co-heirs. If the heir delays providing the information or paying the compulsory share, the person entitled to the compulsory share can claim default interest.
If the estate consists primarily of real estate or a business, the heir may be forced to sell these assets to satisfy the compulsory share claim. “However, in exceptional cases, the heir can request a deferral of the compulsory share if immediate payment would constitute an unreasonable hardship due to the nature of the estate assets ,” explains lawyer István Cocron.
When does the claim to a compulsory share of the inheritance expire?
The right to a compulsory share of an inheritance is subject to a three-year statute of limitations pursuant to Section 195 of the German Civil Code (BGB). The limitation period begins at the end of the calendar year in which the right to the compulsory share arose and the person entitled to it became aware, or should have become aware, of the circumstances giving rise to the claim and the identity of the debtor.
Note: If a claim for a supplementary compulsory portion exists against a recipient of a gift, a different time limit applies: This claim expires three years after the inheritance, regardless of whether the person entitled to the compulsory portion was aware of the inheritance.
” To prevent the statute of limitations from expiring on a compulsory share claim, the person entitled to the compulsory share should either file a lawsuit in court or demand a legally binding acknowledgment of the compulsory share claim from the heir in good time before the limitation period expires. A mere demand for payment or a request for acknowledgment is not sufficient ,” advises lawyer Cocron.
Can the compulsory portion be deferred?
Since the compulsory share claim arises upon the death of the testator and becomes due immediately, it can represent a considerable burden for the heirs, especially if they are forced to sell assets. In such cases, a deferral of the compulsory share claim can be requested.
