Settlement of the compulsory portion - The agreement between the beneficiary of the compulsory portion and the heir
How can I reach an out-of-court settlement with the heirs if I am entitled to a compulsory portion?
Enforcing a claim to a compulsory portion can be a lengthy and stressful process, especially in family relationships. This process ranges from requesting information through an affidavit to enforcing the payment claim. There is often uncertainty as to whether the beneficiary of the compulsory portion is fully informed about the exact scope and components of the estate.
A compulsory portion settlement can be an advantage for both parties. It not only saves the parties involved the energy and costs that would be incurred in protracted court proceedings, but also opens up possible solutions that are not laid down in the law. Also, in order to avoid the sometimes emotional legal dispute with the heirs, it should be examined whether an out-of-court settlement is possible.
In German civil law, an out-of-court settlement refers to a contract by which a dispute or uncertainties regarding a legal relationship are resolved by moving away from extreme positions and reaching a compromise.
With regard to the content of the settlement, it is recommended to agree on the binding inventory of the estate, including both its assets and liabilities with corresponding value determinations. Furthermore, the content of the settlement should include the corresponding payment modalities, consequences of default and interest.
Since the claim is for payment of money, an agreement can in principle be made informally. In practice, this is usually done in writing.
If contingent, uncertain or uncertain rights within the meaning of Section 2313 of the German Civil Code are being considered, arrangements should also be made for how to deal with subsequently identified assets.