How high is the compulsory portion for children? Find out here how the inheritance is divided – with and without a will.
If a testator has not made a last will and testament in the form of a will, legal succession applies. What relatives inherit is determined by a system of order.
If the testator was married, the husband's or wife's inheritance is determined by spousal inheritance law. If the spouses lived in a community of accrued assets, the surviving spouse inherits half of the assets according to the inheritance law.
The other half of the inheritance passes in equal parts to the first-order heirs, i.e. to the children. If there are no more children but there are grandchildren, they are entitled to the other part of the inheritance proportionately.
Also read:
The ordering system includes first-order heirs (very close relatives such as children and grandchildren) to fourth-order heirs (distant relatives such as great-grandparents). If there are no longer any first-order heirs because the testator had no children or grandchildren, it is checked whether there are second-order heirs and so on.
However, the legal succession and thus the regulatory system only applies if there is no last will and testament.If there is a will, this takes precedence over legal succession.
How high is the compulsory portion for children despite a will?
If the testator wrote a will during his lifetime, for example in which a person was designated as the sole heir, there are still possible claims for a compulsory portion for relatives. As a rule, the compulsory share corresponds to half of the share of the inheritance that you are actually entitled to.
Important! If you are entitled to a compulsory share, you must definitely claim the compulsory share.To do this, those entitled to the obligation must contact the heir or heirs and obtain information about the inheritance.
In addition to the wife or husband, the testator's biological or adopted children are also entitled to a compulsory share. Stepchildren or divorced spouses do not.
Fall 1:The testator has designated a child and his wife/husband as sole heirs. In this case, the child is entitled to a compulsory share of 1/4. If there are several children, this share is divided equally. (Without a will, the inheritance share would be 1/2 of the assets.)
Example: If the total inheritance is 100,000 euros, the children are entitled to 25,000 euros. One child would receive the full 25,000 euros, two children would receive 12,500 euros each and so on.
Fall 2:If another relative has been designated as the sole heir and there is no longer a living wife or husband, the child is entitled to half of the compulsory share. (Without a will, the children would inherit the entire property.)
Example: If the total inheritance is 100,000 euros, the child is entitled to 50,000 euros. Two children would each receive 25,500 euros and so on.
Also read:
Of course, there are many other possible constellations. If you are unsure, you should always seek legal advice. Even if there are disagreements and disputes over an inheritance, a lawyer specializing in inheritance law is the right point of contact.
