What Steps Should I Take If Someone Claims a Mandatory Share?

If a mandatory share (Pflichtteil) claim is made against an inheritance, it’s essential to handle the situation promptly and correctly. Here’s a step-by-step guide to navigate this process effectively, whether you are an heir, executor, or a beneficiary of the estate:

 
1. Understand the Mandatory Share
1.1 Who Can Claim a Mandatory Share?
Close relatives, such as children, spouses, and sometimes parents of the deceased, are entitled to a mandatory share if they are excluded from the will or inherit less than their statutory minimum.

1.2 How Is It Calculated?
The mandatory share equals half of the statutory share the claimant would have received under legal succession. It is based on the net value of the estate, including eligible gifts given before death.

 
2. Verify the Claimant’s Eligibility
2.1 Confirm the Relationship
Ensure the claimant is legally entitled to a mandatory share. Request documentation such as:

Birth certificates (for children).
Marriage certificates (for spouses).
Other proof of family relationship.
2.2 Check for Waivers
Verify whether the claimant previously waived their mandatory share through a Pflichtteilsverzicht agreement. This would legally bar them from claiming.

 
3. Assess the Estate’s Value
3.1 Inventory the Estate
Prepare a detailed estate inventory (Nachlassverzeichnis) listing all assets and liabilities. Include:

Property.
Bank accounts.
Personal belongings.
Debts and obligations.
3.2 Include Eligible Gifts
Add gifts given by the deceased within the 10 years preceding their death to the estate’s value for the purpose of mandatory share calculations.

3.3 Consult Experts
If the estate includes complex or valuable assets (e.g., real estate, businesses), hire appraisers to determine their fair market value.

 
4. Calculate the Mandatory Share
4.1 Determine the Statutory Share
Calculate what the claimant would have inherited under legal succession.

4.2 Divide by Half
The mandatory share is half of the statutory share. Use the adjusted estate value, including eligible gifts, for this calculation.

 
5. Evaluate Your Options
5.1 Negotiate With the Claimant
Propose alternatives to cash payments, such as:

Payment in kind (e.g., property or valuables).
Deferred payments over time, especially if liquidating assets would cause hardship.
5.2 Challenge the Claim
If you believe the claim is invalid (e.g., due to a waiver, estrangement, or unrecognized relationship), consult a lawyer to dispute it.

 
6. Handle the Payment
6.1 Prioritize Mandatory Share Payments
Mandatory shares take precedence over voluntary bequests in the will. If the estate cannot cover all obligations, discretionary bequests may need to be reduced or eliminated.

6.2 Liquidate Assets If Necessary
If the estate lacks sufficient liquid assets, heirs may need to sell property or other valuables to fulfill the claim.

6.3 Comply With Deadlines
Ensure the payment is made within the legally required timeframe, typically six months from the time of claim recognition.

 
7. Protect Your Own Interests
7.1 Limit Your Liability
If you are an heir, ensure you do not pay more than the estate’s value by formally accepting the inheritance under the condition of estate administration (Nachlassverwaltung). This limits your liability to the estate’s assets.

7.2 Seek Legal Advice
Inheritance disputes can be complex. An inheritance lawyer can help you understand your obligations and rights, calculate the mandatory share correctly, and protect your interests.

 
8. Manage Disputes
8.1 Document All Communications
Keep detailed records of all interactions with the claimant and other heirs to avoid misunderstandings.

8.2 Consider Mediation
If conflicts escalate, mediation can help resolve disputes without going to court.

8.3 File a Court Petition If Necessary
If the claimant is unreasonable or if disputes cannot be resolved amicably, you may need to involve the probate court (Nachlassgericht) to settle the matter.

 
9. Conclusion
When someone claims a mandatory share, thorough documentation, transparent communication, and legal guidance are key to resolving the matter fairly and efficiently. Acting quickly to verify claims, assess the estate, and negotiate payment terms can help avoid disputes and ensure compliance with German inheritance law. If challenges arise, seeking professional legal advice is essential to protect your rights and minimize potential liabilities.