How is the German compulsory portion of inheritance structured?
This right applies if a legal heir is excluded from succession by testamentary disposition.
The circle of those entitled to the compulsory portion is limited to the descendants of the testator, his parents and the spouse, § 2303 BGB. The comments on legal succession also apply here. If a person would not be a legal heir, as persons with priority are appointed, they would also not be entitled to a compulsory portion. The right to a compulsory portion is directed towards money, § 2303 BGB. The beneficiaries are paid by the heirs but do not inherit themselves. The amount of the claim is calculated on the basis of half of the legalshare of the inheritance.