If the testator's descendants have been disinherited by last will and testament, they can assert claims for a compulsory portion against the heir. Other persons are not entitled to claim a compulsory portion. The compulsory portion amounts to half of the statutory inheritance share and is to be paid out in cash. The surviving spouse has no right to a compulsory portion and can only demand the use of the home and household effects for six months. If the matrimonial home was owned by the deceased, the spouse has a right of use until death, Art. 4:28 and 4:33 BW.
If the testator has disinherited his children and appointed the surviving spouse as sole heir, he can order that the children can only assert their claims after the death of the spouse, Art. 4:82 BW. Children under the age of 21 can assert a claim for compensation for maintenance against another heir who is not the spouse of the deceased, Art. 4:35 BW. Your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk, will be happy to answer any questions you may have.