Fragen & Antworten

What does deferral of compulsory portion mean?

Generally, the legal share becomes due with the testator´s death, however it can only be claimed one year after his/her death. Furthermore, by order of the testator (or by heirs´ claim), the legal share can be deferred for the duration of five years or an instalment payment can be agreed on, in order to prevent certain financial burdens of the heirs in connection with the legal share law. In certain cases, the court can decide a prolongation of the deferral up to a maximum of ten years. The purpose of the deferral is to delay the moment of enforcement of the compulsory portion. The fact that it is already due at the time of death remains untouched. In this case, 4 percent legal default interest must be added to the legal share as from the moment of death.

Fragen und Antworten zu allen Rechtsthemen