Compulsory children: Children are always entitled to compulsory contributions?

1959 readers find this
Post helpful

4 minutes reading time

Anja Ciechowski (legal editor) | As of July 8, 2019

You’re looking for
a lawyer?

No time-consuming search for a lawyer or long waiting for office appointments. You simply describe your request online and the appropriate advocado lawyer will answer within two hours at your home (Monday to Friday 9 a.m. – 6 p.m.).

in the free initial consultation The lawyer will discuss your concerns with you and explain options for action and prospects of success.

You can everytime and everywhere access your online client area. Here you can manage all documents with just a few clicks of the mouse, communicate with your lawyer via message or video chat and see the status of your case.

Free initial consultation with a lawyer
Non-binding fixed price offer
Online legal advice on advocado

Describe concerns

In this article you will learn, among other things, whether children are always entitled to compulsory contributions and how you can withdraw the mandatory part from your children.

► In addition, you can discuss your legal problem or your questions about the compulsory portion with our inheritance law attorney free of charge.

► Just briefly describe the case, send it off and receive a free initial telephone assessment from our lawyer on the same day. advocado guarantees excellent advice.

1. What is the mandatory part?

The compulsory portion is a so-called minimum participation in the estate of a deceased relative. The legally required part thus limits the testator’s freedom to testify, since the testator cannot disinherit direct descendants at will.

According to Section 2303 of the German Civil Code (BGB), the following relatives are entitled to a mandatory share:

all descendants of the testator (children, grandchildren and great-grandchildren) – marital, extramarital, legitimized and adopted,
the testator’s spouse or registered partner,
the testator’s parents.

However, parents are only taken into account if the testator had no children. The spouse or registered partner, on the other hand, is always entitled to compulsory contributions. You can find further information on the eligibility requirement in our detailed article "Who is entitled to compulsory contributions?".

2. The amount of the compulsory portion

In order to determine how high the compulsory portion of children is, the value of the inheritance is determined in a first step. In a second step it can then be calculated how high the inheritance would have been according to the legal succession. This is halved and thus results in the compulsory portion.

3. Claim the mandatory part

Children entitled to compulsory participation can only make their claim if they become active themselves. To do this, they must contact the heirs appointed in the will and demand the surrender of the minimum participation in the inheritance. If the heir does not comply with this request, it makes sense to hire a lawyer. Here you will find more detailed information on how to request the mandatory part.

4. Children are always entitled to a compulsory portion?

The testator’s children – regardless of whether they are married, extramarital or adopted – are always entitled to compulsory contributions. The BGB basically grants them a minimum participation in the estate of the testator. For the special features of the mandatory part for illegitimate children, also read the article "Compulsory portion of illegitimate children". Nevertheless, there are ways to avoid the mandatory portion for your children. You can find out when children are not entitled to their compulsory portion in the next chapter.

5. Can children be deprived of the compulsory portion??

Since children are usually always entitled to a compulsory portion and usually also have an enforceable compulsory portion, withdrawal of the compulsory portion from direct descendants is difficult to achieve. The compulsory portion of the children can only be withdrawn if there are valid reasons. In this regard, § 2333 BGB contains a list of so-called reasons for withdrawing compulsory portions. If the future testator can justify this in a plausible and detailed manner and records this in his will, the beneficiary’s right to the minimum participation in the inheritance can be withdrawn. According to § 2333 paragraph 1 BGB, the testator can deny the child entitled to the compulsory portion if:

the beneficiary seeks the life of the testator, the testator’s partner or close relatives and acquaintances of the testator,
the beneficiary has committed a crime or willful misconduct aimed at the persons previously listed,
the beneficiary has intentionally and maliciously violated his legal maintenance obligation towards the testator or
if the child entitled to the compulsory portion was sentenced to imprisonment of at least one year without probation for an intentional criminal offense and participation in the estate is unreasonable for the testator.

If one of these conditions is met, the mandatory part can be avoided. In the following sub-chapters we explain how the mandatory portion can be withdrawn and the Berlin testament withdrawn. Information on how to legally disinherit people can be found in the article "Disinherited legally".

5.1 Withdrawing the compulsory part by waiving the compulsory part

Future testators can agree with their children a so-called waiver of compulsory portion during their lifetime. This must be certified by a notary in order to be valid. The future testator bindingly agrees with the child entitled to the compulsory portion that the child does not assert his or her compulsory portion when the testator dies. The person entitled to the compulsory portion usually receives a severance payment for waiving the compulsory portion. With this variant, however, it should be noted that both parties – both testator and beneficiary – voluntarily agree to waive the compulsory portion. You can find out what needs to be considered in the article "Mandatory partial waiver agreement" read up.

5.2 Withdrawal of the compulsory portion by means of a compulsory portion clause

The compulsory portion can also be withdrawn through a penalty clause in the Berlin will (or spouse’s will). In this, the spouses mutually act as sole heirs. The children then only inherit after the death of the second spouse. With a mandatory portion clause, the spouses dispose that children who demand their mandatory portion in the first inheritance are disinherited when the second parent dies and thus ultimately receive less. Under certain circumstances, this clause can mean that the compulsory portion of children is not claimed after the death of the first spouse.

6. Tip: free initial assessment of inheritance law

Children of a testator are generally entitled to a compulsory portion, even if they have been disinherited. However, this can sometimes not be so easy to implement – especially if the will will willingly refuses to give you information about the amount of the estate. If so, you should contact one of our legal experts. Our lawyer for inheritance law will answer you in one free initial assessment of inheritance law all important questions about the compulsory portion of children.

You want to have it checked
Children are entitled to a mandatory share?

Our lawyer will explain the possible procedure to you in a free initial consultation.

The children are entitled to part of the inheritance when a parent dies, the german lawyer hotline

The children are entitled to part of the inheritance when a parent dies? My parents have testified to each other as heirs. After that, both children…
Properly disinherit: your children will not get a cent

This way your children don’t get a cent By: Julia Löffelholz It is common for parents to leave part of their wealth to their children as an inheritance….
Stick parents for adult children

Parents are liable for adult children family law Summary: On the obligation of parents to maintain adult children of working age. This answer is from…
Weekend trip with children: cheap offers, many extras

Weekend trip with children: cheap offers for a weekend holiday with children The whole family should go on vacation over the weekend. No matter where you…