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Who is the debtor of the legal portion in German law of succession?

Legal portion or compulsory share is what close relatives or spouse get by law as share of the estate, in case they are a testamentary disposition appoints other heirs than them. 

Those who are entitled to a legal portion are not heirs, they are not be named in a certificate of inheritance and do not get immediate access to the estate. 

Their debtors are the heirs named in the last will be the testator. 

The claims by the spouse or relatives who are entitled to get a compulsory share have to be made against the heirs. The heirs have to be sued, if they do not want to pay or do not want even to give information concerning the content and value of the estate. 

If you have any further question concerning German law of succession, do not hesitate to contact us here.

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) germanlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
germanlawyer@email.de

 

 

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