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Inheritance law - the right to a compulsory share



The right to a compulsory portion is the right of an emergency heir to inherit a part of his or her inheritance from his or her ancestor, child, spouse, brother or sister, which the testator therefore cannot dispose of. In any case, the emergency heir inherits at least one half or one-third of the statutory inheritance share from the testator. In the event of death, the question always arises as to whether I can inherit, even though the testator made a will. If a person decides to donate his/her property during his/her lifetime or, in the event of his/her death, to leave the property to a person of his/her choice (who may also be an heir or a third party), he/she cannot do so entirely without consequences for his/her legacy . According to the Inheritance Act, he/she cannot dispose of the part of his/her assets that is destined for compulsory inheritance. This means that the emergency heir, if his Necessary Share is withdrawn by the testator's disposition of the assets, can claim a Necessary Share in the probate proceedings. To illustrate this with an example: The father bequeathed his entire fortune to an acquaintance who was supposed to take care of him. Irrespective of the fact that the son did not provide for the father and the father left the entire fortune to an acquaintance in his will, the son is entitled to a necessary share.

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