[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2331a

Deferral

(1) The heir may demand that the satisfaction of the compulsory share be deferred if the immediate satisfaction of the entire claim would constitute an inequitable hardship for them on account of the nature of the objects of the estate, in particular if it would force them to give up their family residence or to alienate business assets that form the economic basis for the everyday life of the heir and their family. The interests of the person entitled to a compulsory share are to be adequately taken into account.

(2) The probate court has jurisdiction over the decision on the claim for additional time, if it is not contested. Section 1382 (2) to (6) applies accordingly; the probate court takes the place of the family court.

←→ also move between sections