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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2325

Claim for the augmentation of compulsory shares in the event of gifts

(1) Where the testator made a gift to a third party, a person entitled to a compulsory share may claim, as an augmentation of their compulsory share, the amount by which the compulsory share is increased if the object given is added to the estate.

(2) A consumable thing is assessed at the value that it had at the time of the donation. Any other object is assessed at the value which it had at the time of the devolution of the inheritance; if its value was lower at the time of the donation, then only this value is taken into account.

(3) The gift is fully taken into account within the first year prior to the devolution of the inheritance, and is taken into account by one-tenth less within each further year prior to the devolution of the inheritance. If 10 years have passed since the donated objected was given, the gift is not taken into account. If the gift was made to the spouse, the period does not commence until the dissolution of the marriage.

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