Statutory share: your minimum claim to the estate
The statutory share (Pflichtteil) protects close relatives from being completely disinherited under German law. Even if you were not named in the will, as a child, spouse or (in certain cases) parent of the deceased you are entitled to at least the half of your statutory inheritance quota.
Important: the statutory share is a pure monetary claim against the heirs. You do not become part of the community of heirs and have no claim to specific estate assets.
Statutory share quotas at a glance
- Child (without spouse)
- Statutory inheritance quota: 1/1 (sole heir) or 1/n (with n children). Statutory share: half of that in each case.
- Child (with spouse)
- Under a community of accrued gains: spouse gets 1/2, children share the other 1/2. Statutory share: 1/4 of the children’s portion.
- Spouse (with children)
- Disinherited spouse under a community of accrued gains: statutory inheritance quota 1/4 (not increased, § 1371 (2) BGB). Statutory share: 1/8 of the estate.
- Parents (without children/grandchildren)
- Only entitled to a statutory share if no descendants exist. Statutory share per parent: 1/16 to 1/4, depending on the matrimonial property regime and marital status of the deceased.