Securing compulsory portion claims: Court allows asset arrest!

In a groundbreaking ruling, the Munich Higher Regional Court decided that those entitled to a compulsory share can apply for an arrest in order to secure their assets before the compulsory share is paid out. This decision provides clarity in an area that is often fraught with fear and uncertainty, particularly when it comes to the estate of the deceased. Those entitled to a compulsory portion are entitled to a minimum share of the estate after the death of a relative, also known as a compulsory portion.

In many cases, however, the exact calculation of the compulsory portion entitlement can take a lot of time, which can result in heirs setting aside assets in the meantime. An arrest, which freezes the assets until the compulsory portion is paid out, can be very helpful in such situations. In this specific case, a person entitled to a compulsory share applied for an arrest warrant to secure his claim to a compulsory share in the amount of 400,000 euros. The heiress tried in vain to defend herself against the arrest order.

Conditions for arrest

The court made it clear that an arrest is permissible if there is reasonable suspicion that the enforcement of the claim to a compulsory portion could be made more difficult or frustrated. Important criteria are whether heirs take actions that give rise to fears that enforceable assets will no longer exist without the arrest. However, it was also pointed out that the transfer of assets to third parties alone does not constitute grounds for arrest. Rather, an arrest is justified if there is a risk that an heir will put assets aside or will not receive significant value for a sale.

In the case in question, the heiress had sold a property without informing the person entitled to the compulsory share about this transaction, which the court viewed as suspicious. This situation highlights the need for compulsory heiresses to act quickly if they suspect that an heir may be attempting to thwart their claim.

How T Online reported that those entitled to a compulsory portion can secure their claims through arrest. This option is particularly important as the clarification of compulsory portion claims can often take several years. Arrest claims arise with the inheritance in accordance with Section 2317 of the German Civil Code (BGB) and are aimed at a monetary claim.

The experts at provide additional information about the application modalities and the requirements for an arrest Inheritance law guide, which indicate that the applicant must provide a reason for the arrest that justifies the urgency of the measure. Possible reasons could be incorrect information provided by the heir about the estate, ignoring the person entitled to a compulsory share or premature real estate transfers. A successful arrest allows enforcement against the heir's assets, for example by seizing movable assets or by applying for an arrest mortgage on estate real estate.