Compulsory Share in German Inheritance Law – What Heirs and Testators Need to Know

Disinherited? Don’t assume you’re out. Under German inheritance law, even those cut out of a will may still be entitled to a significant portion of the estate—in cash. This legal right, known as the compulsory share (Pflichtteil), catches many U.S.-based heirs and testators by surprise and can complicate even the most carefully planned estates.

Under German inheritance law, certain close relatives—regardless of what a will says—are entitled to a compulsory portion of the estate. This Pflichtteil serves as a legal safeguard against complete disinheritance. It is a monetary claim only, meaning the claimant receives a calculated portion of the estate’s value, not specific assets like real estate or heirlooms.

The rationale behind the Pflichtteil is to protect family cohesion and provide a minimum financial security net for close relatives. As such, children, spouses, and in some cases parents (when no descendants exist), cannot be fully excluded from the estate without consequences

The group of eligible claimants is narrowly defined:

• Children and grandchildren of the deceased
• Surviving spouses
• Parents (only when the deceased had no descendants)
• Grandchildren only qualify if their parent—a child of the deceased—has died before the decedent.

The Pflichtteil amounts to half of the statutory share an heir would receive if no will existed. For instance, if a child would be entitled to 1/2 of the estate under intestate succession, their Pflichtteil is 1/4.

Example: If an estate is valued at €400,000 and the disinherited child would normally receive half, their Pflichtteil claim is €100,000.

The estate’s total value includes real estate, bank balances, securities, and certain gifts made within the ten years before death. Precise valuation, asset tracing, and timing are crucial.

• A spouse is left out in favor of children from a previous marriage
• An estranged child receives nothing in the will
• A testator leaves everything to one heir and excludes others
• Unequal distribution triggers claims from partially disinherited relatives

If the deceased made significant lifetime gifts within the last ten years, these can be added back to the estate for Pflichtteil calculation. The closer to the time of death the gift was made, the greater its impact. This prevents intentional estate depletion to sidestep Pflichtteil obligations.

Claimants must actively demand their share—it is not automatic. The process includes:

• Requesting a full inventory of estate assets and liabilities
• Securing independent valuations (especially for real estate)
• Submitting a formal payment claim to the heir(s)
• Legal enforcement if payment is refused or delayed

Inheritance Law Pages

Heirs facing Pflichtteil claims can protect themselves through strategic estate administration:

• Invoke the three-month defense period to assess liability
• Accept the estate under benefit of inventory to cap exposure
• Apply for estate insolvency proceedings if debts exceed assets

Disinheritance alone does not suffice. The Pflichtteil remains enforceable unless specific legal steps are taken:

✅ Pflichtteilsverzicht (Waiver Agreements): These must be notarized in Germany and typically involve compensation.
✅ Lifetime Gifts: Strategic gifting may reduce the estate’s value, but clawback rules apply within a 10-year window.
⚠️ International Complexity: U.S.-based assets can be included depending on the governing law and estate structure.

Attempting to circumvent the Pflichtteil without proper legal planning can backfire—both in court and within families.

For U.S.-based testators or heirs, the Pflichtteil adds a significant layer of complexity. German inheritance law can apply even if the deceased was living in the United States, depending on nationality and whether a choice of law was made under the EU Succession Regulation. Claims for the compulsory share typically must be asserted before German probate courts, although this can be handled remotely through legal representation in Germany. Importantly, common U.S. estate planning tools—such as living trusts—do not override German compulsory share rights unless they are carefully coordinated with German law. Finally, U.S. courts generally do not recognize or enforce Pflichtteil claims, meaning that any strategy to secure or defend against such claims must be executed within the German legal system.

If you intend to exclude a statutory heir, don’t rely on silence or surprise. Proper legal structuring and documentation are essential:

• Explain exclusions clearly—both in the will and in private documentation
• Use waivers strategically, especially while relationships are amicable
• Make lifetime gifts with awareness of clawback rules
• Coordinate U.S. and German estate planning documents to avoid conflicts
• Communicate intentions early to reduce emotional fallout and legal disputes

Many international testators either ignore the Pflichtteil altogether or rely too heavily on U.S.-centric estate tools, assuming they will suffice. But failing to align your testamentary documents across jurisdictions, underestimating the reach of German law, or delaying discussions with potential Pflichtteil heirs often leads to court battles and irreversible losses. A proactive, coordinated approach is the only way to safeguard your legacy and minimize exposure.

• Act quickly – Pflichtteil claims expire after 3 years
• Request full disclosure – heirs can demand an inventory
• Negotiate waivers in advance – while relationships are still intact
• Plan gifts strategically – timing and documentation matter
• Align your cross-border estate plan – avoid contradictions between wills and trusts

The Pflichtteil is not a footnote. It’s a powerful legal mechanism with real financial stakes. For U.S.-based heirs and German-American families, it often determines whether an estate plan holds or unravels. Don’t navigate this alone.

German-Attorney Nicola Casper-Hoesl helps clients assert or protect Pflichtteil claims across borders—strategically, discreetly, and with legal precision.