When selling a property, the compulsory portion supplement claim can play an important role, especially in the context of inheritances. But what exactly does this claim mean and how does it affect the sale of a house? In this article, we explain everything you need to know about the compulsory portion supplement claim and give you valuable tips on how to deal with this complex issue.
What is the right to a compulsory portion supplement?
The right to a compulsory portion supplement is a statutory right to which heirs who have been disadvantaged by gifts made by the testator are entitled. If the testator has made large gifts in the ten years prior to their death, those entitled to a compulsory portion can demand a supplement to their compulsory portion. This claim is intended to ensure that those entitled to a compulsory portion receive their statutory share of the estate.
When does the compulsory portion supplement claim come into force?
The entitlement to a compulsory portion supplement comes into force under the following conditions:
- 1. gift by the deceased:
The deceased made a gift within the last ten years before his death. - 2. persons entitled to a compulsory portion:
The persons entitled to a compulsory portion generally include the children, the spouse and, under certain circumstances, the parents of the deceased. - 3. disadvantage due to the gift:
The gift has reduced the compulsory portion of the entitled heirs.
How is the compulsory portion supplement claim calculated?
The calculation of the claim to a compulsory portion supplement is based on the value of the gift and the time that has passed since the gift was made. A so-called "melting rule" applies:
- First year after the gift:
100% of the gift value is taken into account. - Each subsequent year:
The recognisable value is reduced by 10% per year.
Example: If the testator gave away a property worth EUR 100,000 five years ago, EUR 50,000 (100 % - 5 x 10 %) is still taken into account when calculating the compulsory portion supplement claim.
Effects on the sale of a house
If a house that was given as a gift in the ten years prior to the deceased's death is sold, this can affect the entitlement to a compulsory portion supplement. It is important to know the value of the house at the time of the gift, as this value is used to calculate the claim to the compulsory portion.
Steps to deal with the claim for a compulsory portion supplement
- 1. documentation of the gift:
Ensure that all relevant documents relating to the gift of the house are available, including the value at the time of the gift. - 2. advice from a lawyer:
Consult a lawyer specialising in inheritance law to determine the exact claims and obtain legal support. Wienroth Immobilien GmbH & Co KG works closely with an experienced law firm to provide you with the best possible legal advice. - 3. communication with those entitled to a compulsory portion:
Transparent communication with those entitled to a compulsory portion can help to avoid disputes. - 4. consideration in the sales process:
Inform potential buyers about the compulsory portion supplement claim and ensure that all legal aspects are clarified before the sale is finalised.
Support from Wienroth Immobilien GmbH & Co. KG
Thomas Wienroth and his experienced team at Wienroth Immobilien GmbH & Co. KG are on hand to guide you through the complex process of selling your home in connection with the compulsory share supplement claim. We offer you comprehensive advice and support to ensure that the sales process runs smoothly and that all legal requirements are met. We work closely with a reputable law firm to ensure you receive the best possible legal support.
Conclusion
The claim to a compulsory share is an important legal aspect that heirs and sellers of property need to consider. Thorough preparation and advice from experienced professionals can help to ensure that the sales process runs successfully and without complications.
At Wienroth Immobilien GmbH & Co KG, Thomas Wienroth and his team are ready to provide you with advice and assistance. Contact us for more information and personalised advice. We will help you to make the sales process as stress-free and successful as possible.