Pflichtteilsansprüche

Pflichtteilsansprüche, often translated as compulsory share claims, are a legal concept primarily found in German inheritance law. They represent a statutory right granted to certain close relatives of a deceased person who have been disinherited or received less than their statutory entitlement in the will. These relatives typically include the direct descendants (children, grandchildren), parents, and spouse of the testator.

The purpose of Pflichtteilsansprüche is to ensure that these closest family members receive a minimum portion of the deceased's estate, even if they are not explicitly named as beneficiaries in the will. This protection is meant to prevent complete disinheritance of those who are considered to have a moral claim on the deceased's assets.

The amount of a Pflichtteilsanspruch is generally half of the value of the statutory inheritance share the person would have received if there had been no will. It is a monetary claim against the heirs, not a right to a specific asset from the estate. The claimant must actively assert their Pflichtteilsanspruch within a specific timeframe, usually three years from the date of knowledge of the will and the death. Failure to do so will result in the claim becoming time-barred.