Learn how German compulsory share (Pflichtteil) protects disinherited heirs — even if a will excludes you. Practical tips for U.S. citizens
Under German inheritance law, close family members cannot always be fully excluded from an estate. Even if a will leaves everything to someone else, certain heirs are entitled to a mandatory minimum share — the German compulsory share (Pflichtteil).
This concept frequently surprises U.S. heirs. Unlike many U.S. states, Germany follows a forced heirship system that protects children and spouses from total exclusion.
If you are a U.S. citizen dealing with a German estate, understanding your Pflichtteil rights is critical.
What Is the German Compulsory Share (Pflichtteil)?
The German compulsory share is a statutory monetary claim granted to specific close relatives when they have been excluded from inheritance.
It is:
Not automatic co-ownership in estate assets
Not a share of specific property
A cash claim against the heir
In other words, if a will leaves 100% of the estate to one child, the disinherited sibling may still have a legal claim for payment.
The Pflichtteil equals 50% of the statutory inheritance share the person would have received under German intestacy law.
Who Is Entitled to a Pflichtteil?
Under German law, the following individuals are protected:
Children of the deceased
Spouse of the deceased
Registered civil partner
In some cases, parents (if no descendants exist)
Siblings are not entitled to a compulsory share.
For U.S. heirs, this becomes relevant when:
A German parent leaves everything to one child
A German spouse leaves everything to new spouse
A will attempts to exclude children living in the United States
German law may override the exclusion.
Can You Be Completely Disinherited in Germany?
Yes — but only partially.
A testator may exclude a child from inheriting property. However, unless very strict legal conditions are met (such as severe misconduct), the child cannot be deprived of the compulsory share.
This means:
You may not inherit the house
You may not inherit the bank account
But you may still be entitled to a cash payment
This right must be actively asserted.
How Is the German Compulsory Share Calculated?
The calculation follows a structured legal formula:
Determine total net estate value
Determine statutory inheritance share
Calculate 50% of that share
Example:
If two children exist and no spouse survives, each child would normally receive 50% under intestate succession.
If one child is disinherited, that child’s compulsory share equals:
50% of 50% = 25% of total estate value (as a monetary claim).
Valuation disputes are common, particularly when real estate is involved.
Is the Compulsory Share Paid in Cash?
Yes.
The Pflichtteil is always a monetary claim.
This creates practical consequences:
Real estate may need to be valued
Heirs may need liquidity
Negotiations are common
In cross-border cases, currency conversion and international enforcement may become relevant.
Time Limits: How Long Do You Have to Claim a Pflichtteil?
The compulsory share claim is subject to limitation periods.
In general:
3-year limitation period
Begins at the end of the year in which the claimant becomes aware of the inheritance and disinheritance
Failure to act within the statutory period can result in loss of the claim.
Does German Law Apply to U.S. Citizens?
Frequently, yes.
German inheritance law may apply if:
The deceased was habitually resident in Germany
The estate contains German real estate
The will selected German law
Cross-border cases require careful analysis under EU Succession Regulation rules and conflict-of-law principles.
U.S. heirs often assume U.S. law applies. That assumption is frequently incorrect.
Common Issues in Cross-Border Pflichtteil Cases
U.S. heirs commonly face:
Lack of transparency regarding estate value
Difficulty obtaining financial documentation
Disputes over property valuation
Communication barriers
Misunderstanding of German forced heirship rules
Professional representation is typically required to assert and quantify the claim properly.
Strategic Considerations for U.S. Heirs
Before asserting a compulsory share claim, consider:
Liquidity of the estate
Tax consequences (German inheritance tax)
Impact on family relationships
Possibility of negotiated settlement
A structured legal assessment should precede any formal demand.
Frequently Asked Questions About the German Compulsory Share
- Does a U.S. will override German compulsory share rules?
Not necessarily. If German law applies to the estate, the Pflichtteil may still be enforceable.
- Is the compulsory share automatic?
No. It must be actively claimed.
- Can the deceased eliminate the compulsory share entirely?
Only in very rare and legally defined circumstances.
- Is the compulsory share subject to German inheritance tax?
Yes. The claimant may be subject to German inheritance tax depending on the value and personal allowance.
When Should You Seek Legal Advice?
You should consult a German attorney if:
You have been excluded from a German will
You suspect unequal treatment among siblings
You are unsure whether German law applies
The estate includes German real estate
Cross-border inheritance matters require coordination between German and U.S. considerations.
Conclusion
The German compulsory share (Pflichtteil) provides powerful protection for close family members — even when a will attempts to exclude them.
For U.S. heirs with ties to Germany, understanding this right can significantly impact financial outcomes.
If you are dealing with a German inheritance matter, early legal assessment is essential.
Call to Action
If you believe you may be entitled to a German compulsory share, consider seeking professional guidance to evaluate your rights and next steps. Book a free 20-minute initial consultation to discuss whether you are entitled to your Pflichtteil!
Nicola Casper-Hoesl is a German Attorney at Law advising U.S. clients on cross-border inheritance matters involving German estates.
