Restrictions on the freedom to dispose of one’s succession by will (reserved portion).
Last update: 10/3/2012
Only the descendants (failing that, the parents) and the surviving spouse are entitled to the reserved portion of the estate. This amounts to half of the due portion of inheritance within the framework of the legal succession. This is only a right to payment which the beneficiary must assert within the legally prescribed time limit.
Detailed information
Is there a reserved portion set aside for heirs? What percentage of the estate does this reserved portion represent? What is its legal nature?
The children and other descendants, the parents and spouse or surviving registered partner of the deceased are entitled to the reserved portion (§ 2303 BGB, § 10 par. 6 LPartG). The right of more distant descendants and the parents to the reserved portion is subordinate to the non-existence of (closer) descendants (§ 2309 BGB). The reserved portion is only the right to a payment amounting to half of the hereditary portion under the statutory inheritance.
What is the procedure to be followed to assert a right to the reserved portion? What are the time limits?
The time limit for the reserved portion is three years and commences from the time the forced heir learns of the death and the provision relating to his/her disinheritance (barred on 31 December), §§ 195, 199 par. 1er BGB).
Is it possible to renounce the reserved portion?
The heirs may renounce the reserved portion (just as with an intestate inheritance) while living, even without compensation, under a notarised contract (§§ 2346, 2348 BGB).
