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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2307

Bequest of a legacy

(1) Where a legacy has been bequeathed to a person entitled to a compulsory share, they may claim their compulsory share if they disclaim the legacy. If they do not disclaim it, then they are not entitled to the compulsory share up to the value of the legacy; when the value is calculated, limitations and charges of the kind stated in section 2306 are not taken into consideration.

(2) The heir who is charged with the legacy may specify a reasonable period for the person entitled to a compulsory share to declare whether or not they will accept the legacy. Upon the expiry of the period the legacy is deemed to have been disclaimed unless acceptance is declared before this time.

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