International Inheritance Disputes and Compulsory Share Claims in Germany

(Pflichtteil)

Inheritance disputes can be particularly challenging when heirs, beneficiaries, and estate assets are located in different countries.

Questions regarding the applicable law, communication across jurisdictions, foreign documents, and differing expectations among family members often add complexity to an already sensitive situation.

I represent international clients in German inheritance disputes, including compulsory share claims (Pflichtteil), disputes among heirs, estate settlement negotiations, and court proceedings before German courts.

Common Causes of International Inheritance Disputes

Inheritance disputes frequently arise where:

Family members reside in different countries
Assets are located in multiple jurisdictions
Foreign wills are involved
Heirs disagree about the administration of the estate
One family member has received substantial lifetime gifts
The validity or interpretation of a will is disputed

Cross-border elements often make disputes more complex and can create additional procedural and practical challenges.

Compulsory Share Claims (Pflichtteil)

Compulsory Share Claims (Pflichtteil)

One of the most distinctive features of German inheritance law is the compulsory share system ("Pflichtteil").

Under German law, certain close family members cannot always be completely disinherited. Even where a will excludes them from the estate, they may nevertheless be entitled to a monetary claim against the heirs.

The compulsory share generally protects children, spouses, registered civil partners and, in some circumstances, parents of the deceased.

For many international families, this comes as a surprise.

While forced heirship concepts exist in a number of continental European and Latin American jurisdictions, they are largely unknown in many common law countries, including most parts of the United States, Canada, England and Wales, Australia, and New Zealand. Individuals from these jurisdictions are often unfamiliar with the idea that close family members may retain inheritance rights despite being excluded by a will.

As a result, compulsory share claims frequently become a source of conflict in international estates. A surviving spouse, child, or other family member may discover that German law provides rights that would not exist under the inheritance laws of their home country. Conversely, heirs who expected to inherit the entire estate may be confronted with substantial compulsory share claims that reduce their inheritance significantly.

International compulsory share disputes often involve additional questions regarding the applicable inheritance law, foreign wills, lifetime gifts made by the deceased, valuation of assets, and the enforcement of claims across borders.

In many cases, understanding whether German compulsory share rights apply is one of the most important issues in an international inheritance dispute.

Disputes Between Heirs

Not all inheritance disputes involve compulsory share claims.

Disagreements may also arise regarding:

Administration of the estate
Distribution of assets
Sale of inherited property
Bank accounts and financial assets
Interpretation of wills
Rights and obligations within a community of heirs

Where heirs reside in different countries, practical difficulties can significantly complicate the administration of the estate.

Settlement Negotiations and Court Proceedings

Many inheritance disputes can be resolved without court proceedings. Where appropriate, negotiated solutions may reduce costs, preserve family relationships, and allow for a more efficient resolution of the dispute. Where litigation becomes necessary, I represent clients before German courts in inheritance-related proceedings.

Common Issues in International Inheritance Disputes

International inheritance disputes frequently involve:

Foreign-language documents
Multiple jurisdictions
Questions concerning the applicable law
Assets located in different countries
International enforcement issues
Communication between parties residing abroad

Legal Framework

German inheritance disputes and compulsory share claims are governed primarily by:

§§ 1922 ff. German Civil Code (BGB)
§§ 2303 ff. German Civil Code (BGB) – Compulsory Share Claims
Regulation (EU) No. 650/2012 (EU Succession Regulation), where applicable
German Code of Civil Procedure (ZPO) for court proceedings

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