Mandatory Share Claims for Disinherited Wives in Germany

While you, as a disinherited wife, are entitled to a mandatory share (Pflichtteil) under German inheritance law, asserting your rights requires careful action and adherence to legal procedures. This guide explains the process, what happens if heirs refuse to pay, the applicable deadlines, and the costs of pursuing your claim in Germany, including how litigation funding can support your efforts.

Understanding Disinheritance and Eligibility as a Wife

Under German inheritance law, a wife who is not explicitly named in a will is considered disinherited. This means that if a will excludes your name or explicitly names others as sole heirs (e.g., children), you are entitled to a mandatory share. It is important to note that you are only recognized as a spouse in the legal sense if your marriage is officially registered under German or equivalent international law. Traditional or religious marriages without formal registration do not grant spousal inheritance rights.

Understanding the Process

The first step in securing your mandatory share is formally requesting an estate inventory (Nachlassverzeichnis) from the heirs. This inventory details the assets, liabilities, and overall value of the estate. Your mandatory share is calculated as a fixed percentage (typically 25% to 50%) of the estate’s value, depending on the specific relationship and circumstances.

If the heirs comply with your request, negotiations can proceed to ensure your rightful portion is paid. This may involve legal professionals or mediators to facilitate the process and ensure fairness.

What Happens if the Heirs Refuse to Pay?

In some cases, heirs may delay, dispute, or outright refuse to pay your mandatory share. If this occurs, you have the right to escalate the matter by:

Sending a Formal Demand Letter: This letter, often drafted by an attorney, reminds the heirs of their legal obligation and sets a clear deadline for payment.

Filing a Lawsuit: If the heirs continue to withhold payment, you can file a lawsuit in a German probate court. The court will review the evidence, assess the estate’s value, and issue a ruling to enforce your mandatory share.

Should the heirs still refuse to comply after a court ruling, you may pursue enforcement measures, such as garnishment of their accounts or other assets.

What Are the Deadlines?

Under German law, mandatory share claims must be filed within three years from the date you become aware of the inheritance and your disinheritance. The clock starts ticking on December 31 of the year in which you were notified of the will's contents or other relevant information. Acting promptly is critical to prevent your claim from becoming time-barred.

Costs of Pursuing a Claim

The costs of asserting a mandatory share claim depend on several factors, primarily the estate’s value. For an estate valued at €500,000, here’s a breakdown of typical expenses:

Attorney Fees: Based on the German Lawyers' Fees Act (RVG), attorney fees could range from €7,500 to €15,000, depending on the complexity of the case.

Court Fees: These fees are tied to the claim’s value. For an estate worth €500,000, the court fees might be approximately €3,000.

Additional Costs: Expenses such as expert opinions, asset appraisals, translations (if needed), and enforcement measures could add €2,000 to €5,000.

In total, the costs of pursuing a mandatory share claim for a €500,000 estate may range between €13,000 and €25,000.

How Litigation Funding Can Help

Litigation funding provides a solution for claimants who may not have the financial resources to cover upfront costs. A litigation funder pays for attorney fees, court costs, and other expenses in exchange for a percentage of the recovered amount, usually 20% to 40%. For example:

If your mandatory share is €125,000 (25% of the estate), the funder may take €25,000 to €50,000, allowing you to pursue your claim without immediate financial burden.
This option reduces risk and ensures you can assert your rights regardless of your financial situation.

Our Support

Navigating mandatory share claims can be complex and emotionally challenging. From understanding your eligibility as a spouse to requesting the estate inventory, managing costs, and exploring litigation funding, we’re here to support you every step of the way. Let us help you secure your rightful share and bring clarity to this difficult process.