Compulsory portion for siblings?

What you need:

• testament

If someone dies, the law regulates the legal succession. Has the testator in one testament the legal succession changed and his last will concretized, heirs and persons entitled to a compulsory portion are often opposed to each other.

Siblings inherit equally

• According to the legal succession, the spouse of a deceased and his children are called to the succession. In a will, the testator can change this succession at any time.
• For example, the testator can designate one of his children as the sole heir in the will. It is popularly said that the other siblings were disinherited. But this is not true. The siblings can only be forced out of the legal succession. You will then be directed to the Compulsory portion set.
• Today it can only be disinherited if the person concerned sought after the life of the testator or him determined by deception or threat to a will in which this person is appointed as heir should. If such a case does not exist, the "disinherited" legal heir always retains his compulsory portion.
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The compulsory portion is half of the statutory portion of the inheritance

• The compulsory portion is half of the statutory portion of the inheritance.


Paying off the mandatory inheritance - what you should pay attention to

Those who need money urge them to have their compulsory inheritance paid off. But quite ...

• The siblings entitled to a compulsory share have no decision-making rights over the estate. You only have a monetary claim against the heir determined in your will. If the heir inherits a house, the siblings cannot have a say in whether the heir sells, lives in, or gives away the house.
• To determine the value of the compulsory portion, the value of the estate must be determined. The estate is arithmetically divided among the originally intended heirs according to the statutory inheritance quota. Half of each inheritance quota then results in the compulsory portion.
• Example: The testator leaves four children who are entitled to inherit and designates one to be the sole heir. The statutory inheritance quota would be 1/4 in each case. Each of the siblings then receives 1/8 of this as a compulsory portion. In total, the sole heir has to pay out 3/8 of the estate's value. The rest is left to him.
• If the sole heir does not have enough cash, he has to silver part of the estate in order to pay off the siblings' compulsory portions. If there is only one property, he has to encumber it or sell it.
• In order to give the sole heir time to settle such disbursement problems, he can apply to the probate court to postpone the obligation to pay for a reasonable period of time.
• Anyone who is appointed as the sole heir must take into account that the siblings will not easily come to terms with it. Above all, the testator must take into account that he is problematic in the family situation and should have good reasons (care) to do so. The situation should also be discussed with all siblings.