German compulsory share calculator 2026

What the calculator does

The tool computes the German compulsory share (Pflichtteil) under §2303 BGB for every standard family constellation. From the estate value, spouse status, matrimonial property regime, number of children and surviving parents it derives the statutory inheritance share under §§1924, 1925, 1931 BGB, the compulsory fraction (half of the statutory share) and the concrete compulsory share in euros.

It honours all three matrimonial regimes (community of accrued gains with §1371 flat-rate, separation of property with the §1931(4) tiered rule, community of property), the succession order under §1924 BGB (descendants block parents), the spouse-fraction tier under separation of property, and the separation between “who is entitled to the compulsory share” and “who would inherit statutorily without a will”. The calculator explicitly states that siblings, grandparents and remote relatives have NO compulsory-share claim — a frequent source of misunderstanding in non-legal discussions.

Who is entitled to the compulsory share — and who is not?

§2303 BGB lists the entitled persons exhaustively. The circle is narrow:

Entitled:

• Descendants (children, grandchildren, great-grandchildren) — irrespective of marital legitimacy or whether biological or adopted
• Spouse and registered civil partner — irrespective of matrimonial regime
• Parents — but ONLY when the deceased leaves no descendants (§2309 BGB analogously)

NOT entitled:

• Siblings, half-siblings, step-siblings
• Grandparents
• Nieces and nephews
• Cousins
• Other blood relatives and relatives by marriage
• Unmarried life partners (without civil partnership)
• Divorced spouses (after legally final divorce)

This strict limitation reflects a constitutional mandate from BVerfG, judgment of 19 April 2005, 1 BvR 1644/00 — the Federal Constitutional Court recognised the descendants’ compulsory-share right as constitutionally protected without enlarging the circle of beneficiaries.

How high is the compulsory share in the common constellations?

The compulsory share is always half of the statutory inheritance share. The most common 2026 patterns:

1. Spouse (community of accrued gains) + 1 child:

• Spouse statutorily ½ (¼ + ¼ §1371 flat) → compulsory ¼
• Child statutorily ½ → compulsory ¼
• At €400,000 estate: each gets €100,000

2. Spouse (community of accrued gains) + 2 children:

• Spouse ½ → compulsory ¼
• Each child statutorily ¼ → compulsory ⅛
• At €600,000 estate: spouse €150,000, each child €75,000

3. No spouse, 3 children:

• Each child statutorily ⅓ → compulsory ⅙
• At €300,000 estate: each child €50,000

4. Spouse (separation of property) + 1 child:

• Spouse statutorily ½ (§1931(4) special rule) → compulsory ¼
• Child statutorily ½ → compulsory ¼

5. Spouse (separation of property) + 2 children:

• Spouse statutorily ⅓ (§1931(4)) → compulsory ⅙
• Each child statutorily ⅓ → compulsory ⅙

6. Spouse alone (no children, no parents):

• Spouse inherits everything → compulsory ½ of the estate

7. Parents (no children, no spouse):

• Each parent statutorily ½ → compulsory ¼ per parent

How does the matrimonial regime affect the compulsory share?

The regime affects ONLY the spouse share, not the child share directly — but indirectly very much, because what the spouse receives is deducted from the children’s portion.

Community of accrued gains (default regime without prenup): Under §1371(1) BGB the surviving spouse receives a flat extra ¼ on top of the statutory inheritance share — alongside children that’s ¼ + ¼ = ½. The flat-rate accrued-gains equalisation is NOT a supplementary entitlement but is integrated into inheritance law. A spouse who claims the compulsory share (i.e. rejects the inheritance) gets only the small compulsory share from the statutory quarter — but may pursue the accrued-gains compensation as an estate claim (§1371(2) BGB).

Separation of property (by prenuptial agreement): No flat-rate accrued gains. §1931(4) BGB sets a tiered ratio: 1 child → ½ for the spouse, 2 children → ⅓, ≥3 children → ¼ (minimum quota). The compulsory share is always half.

Community of property (rare, by prenup): Spouse inherits ¼ alongside children, ½ alongside parents. No flat-rate, no §1931(4) special rule.

The practical lever: to reduce the compulsory-share risk when remarrying, separating the property regime via prenup raises the children’s compulsory share (in their favour) but reduces the spouse’s compulsory share depending on the number of children.

What is the supplementary compulsory share?

§2325 BGB prevents the testator from hollowing out the compulsory share through gifts during their lifetime. The mechanic: gifts made within the ten years before death are notionally added back to the estate — the compulsory share is computed on this enlarged base.

Sliding-scale model: Per completed year since the gift the added-back amount drops by 10 percent. Gift 1 year ago → 100 %, 5 years ago → 50 %, 10 years ago → 0 % (no longer credited).

Exception spouse: Gifts between spouses do not slide — they count in full lifelong, as long as the marriage lasts.

Practical effect: Anyone who gifts the family home to a new partner 5 years before death must reckon with the child claiming half of the home’s value (50 % credit) supplementarily. This claim is enforced against the donee if the estate is insufficient (§2329 BGB).

Can the compulsory share be forfeited?

Only in the narrow exceptions of §2333 BGB. The five grounds are exhaustive:

1. The beneficiary attempted the life of the deceased, the deceased’s spouse or descendants.
2. They committed a felony or intentional misdemeanor against them.
3. They maliciously breached their statutory maintenance duty toward the deceased.
4. They were definitively sentenced to at least one year imprisonment without parole for an intentional crime, and participation in the estate is therefore unconscionable.
5. They have been committed to a psychiatric hospital or detoxification facility for a similarly grave intentional act.

Mere family conflict, quarrels or breakdown of contact are not sufficient — even though the Federal Constitutional Court lowered the threshold in 2005. The forfeiture must be specifically and traceably reasoned in the will; bare boilerplate language is regularly invalidated by probate courts.

What are the common use cases?

• Pre-calculation before the attorney appointment (instead of a lead-funnel portal)
• Plausibility check of a will-imposed compulsory-share quota
• Comparison across family constellations (patchwork, remarriage)
• Estimating the compulsory-share burden during lifetime estate planning
• Modelling the consequences of a regime change via prenup
• Confirming whether siblings or other relatives have a claim (they do not)

Frequently Asked Questions

Who is entitled under §2303 BGB?

Only descendants (children, grandchildren), the spouse (or registered civil partner) and the parents of the deceased — and the parents only when no descendants exist (§2303 BGB). NOT entitled: siblings, half-siblings, grandparents, nieces, nephews, cousins or other relatives. Unmarried life partners without civil partnership also have no claim.

How high is the compulsory share?

The compulsory share equals half of the statutory inheritance share (§2303(1) BGB). Example: a child of a deceased parent with one spouse and one child would inherit half of the estate by law — the compulsory share is then a quarter of the estate value. At €400,000 estate that’s €100,000 compulsory share. At two children the child portion splits — ⅛ compulsory share per child.

How does the matrimonial regime affect the share?

Under community of accrued gains (default without prenup) the surviving spouse receives a flat extra ¼ under §1371 BGB — alongside one child that’s ¼ + ¼ = ½. Compulsory share accordingly ¼ instead of ⅛. Under separation of property, §1931(4) BGB applies: 1 child → ½ for spouse, 2 children → ⅓, ≥3 children → ¼. Under community of property the spouse inherits ¼ without the accrued-gains flat.

Are siblings entitled?

No. Siblings belong to the second order under §1925 BGB and inherit statutorily only when neither descendants nor spouse exist — and even then only when a parent has already died. A compulsory share is never available to siblings, neither full nor half, neither biological nor adopted. §2303 BGB does not list them. This is a frequent source of confusion in family discussions.

What is the supplementary compulsory share?

Gifts made in the ten years before death are notionally added back to the estate under §2325 BGB and the compulsory share is recalculated on this enlarged base. Per completed year since the gift the credited amount drops by 10 percent (sliding-scale model). Gifts between spouses do not slide — they count in full as long as the marriage lasts.

Can the compulsory share be forfeited?

Only in rare exceptional cases under §2333 BGB — e.g. when the beneficiary attempted the life of the deceased, the deceased’s spouse or descendants, committed a serious crime against them, or maliciously breached statutory maintenance duties. Mere family conflict is insufficient. The forfeiture must be ordered in the will and the specific reason named.

What is the deadline to claim?

The standard statute of limitations is three years under §195 BGB. It begins at the end of the year in which the beneficiary learned of the death and disinheritance. Example: death May 2026, knowledge June 2026 → expiry 31 December 2029. Absolute limit under §199(3a) BGB: 30 years from death, even without knowledge.

Does the calculator share my data?

No. Every calculation runs entirely in your browser. There is no sign-up, no calculator cookie, no tracking, and no server call carrying family or estate data. The page works offline once loaded. Binding assessments — especially regarding gifts, supplementary claims, step-children or international cases — remain the responsibility of a German inheritance-law attorney.