Mandatory Share in German Inheritance Law (Pflichtteil) – English-speaking Lawyer in Berlin


Mandatory Share in German Inheritance Law (Pflichtteil)
“It’s not how much you leave behind, but how fairly you share it, that people will remember you for.”
Inheriting in Germany – Do You Have a Right to a Share Despite Being Disinherited?
In many countries, people are free to leave their assets to whomever they choose, even excluding close family members. In Germany, the law protects close relatives through what is called the “mandatory share” (Pflichtteil).
If you are a foreign citizen and have inherited or have been excluded from a will in Germany, you may still be entitled to claim your mandatory share.
What Is the Mandatory Share?
The mandatory share is a legally protected cash entitlement for certain close relatives, even if they have been disinherited. It does not give rights to physical items, but to a monetary payment from the heirs named in the will.
How Much Is the Mandatory Share?
The mandatory share is 50% of your legal inheritance. This means 50% of what you would have inherited if no will existed, not half of the total estate. The total value of the estate, including property and assets, is used to calculate this amount.
What Is the Supplementary Mandatory Share?
If the deceased gave away assets in the 10 years before death, you may be entitled to a supplementary claim (Pflichtteilsergänzungsanspruch). This prevents the reduction of your rights through lifetime gifts.
Which Law Applies in International Cases?
According to European law, the country where the deceased last lived governs the inheritance. If the deceased lived in Germany, German inheritance law applies—even if you live abroad.
How to Claim Your Mandatory Share
- Request full information about the estate.
- Calculate your claim, preferably with legal support.
- Send a formal request for payment to the heirs.
- Consider legal action if heirs refuse to cooperate.
Note: Your claim expires after three years from the end of the year in which you became aware of your exclusion.
Why You Should Consult a Specialist Lawyer
Mandatory share claims can be legally complex, especially in cross-border situations. Dr. Markus Wessel, a specialist lawyer in inheritance law based in Berlin, offers professional support in both German and English.
- Assess your legal position under German law
- Calculate your exact claim
- Negotiate or enforce your claim in Germany
Book Your Personal Initial Consultation
Every case is different. We invite you to schedule a personal initial consultation to discuss your specific situation in detail. During this session, we will clarify your legal position and explain the next steps to secure your rights.
FAQ about the Mandatory Share in Germany
What is the mandatory share (Pflichtteil) in Germany?
The mandatory share is the right to claim 50% of your statutory inheritance share in cash, not 50% of the total estate.
Who can claim the mandatory share?
Eligible are children, grandchildren, spouses, and parents if there are no children.
What is the supplementary mandatory share?
It covers gifts made within 10 years before death to prevent estate reduction.
Does German law apply if I live abroad?
Yes, if the deceased's last residence was in Germany, German law applies even if you live in another country.
What is the difference between a mandatory share and a compulsory share?
The mandatory share is a German-specific right to 50% of your statutory share. The compulsory share is a broader concept in other legal systems.