Anyone who has a claim to a compulsory portion would like to know what assets the deceased left behind in order to be able to claim their compulsory portion. This is where the right to information of the beneficiary of the compulsory portion comes into play. This claim is regulated in the German Civil Code (BGB) and entitles the beneficiary of the compulsory portion to demand information about the deceased’s assets.
In order to guarantee the right to information, the notary can draw up an estate inventory. The estate inventory documents all of the decedent’s assets and is therefore an important basis for calculating the compulsory portion. By having a notarized probate record, the parties involved can protect themselves from disputes and potential mistakes.
In the following, we will take a closer look at the right of the beneficiary of the compulsory portion to information and the notarial estate inventory. We will go into the prerequisites, scope and limits of the right to information and explain the importance and advantages of a notarial estate inventory.
What information must be provided to the beneficiary of the compulsory portion?
Under German inheritance law, the beneficiary of the compulsory portion has a right to information from the heir. This means that the heir is obliged to disclose to the beneficiary of the compulsory portion all information about the estate that is relevant for the calculation of the compulsory portion.