Research report 2021 - Max Planck Institute for Comparative and International Private Law
Is the compulsory portion still appropriate today?
Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg
SummaryIn Germany, freedom of testation prevails. Everyone can freely dispose of his/her property and therefore also determine by means of a will who is going to inherit it. The right to a compulsory portion fixes a clear limit concerning that power of disposal: The deceased’s closest family members are entitled to quotas of the estate. It does not matter whether they were economically dependent on the deceased. Today, however, it is increasingly rare that children are still entitled to financial support from their parents when the latter die. Hence, the compulsory portion needs to be reconsidered.