What is the supplementary mandatory share (Pflichtteilsergänzungsanspruch)?

It allows heirs to claim additional amounts if the deceased gave away assets in the 10 years before death to reduce the estate.

How can I claim my mandatory share?

Contact a German inheritance lawyer to assess your rights, calculate your claim, and assist with negotiations or legal action.

Mandatory Share in German Inheritance Law | Specialist Lawyer in Berlin | English-speaking Lawyer Dr. Markus Wessel

Q: What is the mandatory share (Pflichtteil) in Germany?

The mandatory share (Pflichtteil) in Germany is a legal right for close relatives to claim 50% of their statutory inheritance share in cash. It does not mean receiving half of the total estate, but half of what they would legally inherit if no will existed.

Q: Who can claim the mandatory share?

Children, grandchildren, spouses, and parents (if no children exist) are entitled to claim the mandatory share in Germany.

Q: What is the difference between a mandatory share and a compulsory share?

The mandatory share (Pflichtteil) is a specific German inheritance rule giving close relatives the right to claim 50% of their statutory inheritance share in cash. It does not entitle them to half of the entire estate. The compulsory share is a broader international concept covering different rights to inherit cash, property, or participate in estate distribution. In Germany, only the mandatory share applies.

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.”

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.

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.

Example: Your father names his new wife as sole heir and disinherits you. You still have the right to claim 50% of your statutory share in cash.

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.

Example: The estate is worth €400,000. Your legal share is €200,000. Your mandatory share is €100,000 in cash.

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.

Example: Your mother gave her house worth €300,000 to her partner five years ago. 60% (€180,000) still counts toward the estate, increasing your claim.

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.

Example: You are living in France and your mother, who was a German citizen, passed away in Berlin where she had lived for the past several years. Although you live abroad, the applicable law is determined by the country of the deceased's last habitual residence — in this case, Germany. Therefore, German inheritance law applies to the entire estate, including the rules on the mandatory share (Pflichtteil). This means you may have a right to claim your mandatory share under German law, even if you were not mentioned in your mother’s will.

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.