Federal Court of Justice on the Limitation Period of Compulsory Portion Claims – Judgment of March 12, 2025, Case No. IV ZR 88/24
With its judgment of March 12, 2025, the Federal Court of Justice rendered a significant decision on the limitation period for compulsory portion claims of non-marital children (Case No. IV ZR 88/24). The court clarified that the limitation period for a compulsory portion claim begins at the time of inheritance, even if the paternity of the deceased is only established by a court decision years later.
Since the reform of parentage law, non-marital children are treated equally to marital children under inheritance law. They have a claim to their statutory share of the inheritance or at least the compulsory portion if they are disinherited by will or inheritance contract. However, a prerequisite for non-marital children to assert their compulsory portion is that the paternity of the deceased has been established. This often happens through a court procedure for establishing paternity. Even if paternity has yet to be established, this does not change the fact that the compulsory portion must be claimed within three years from knowledge of the inheritance. This is demonstrated by the decision of the Federal Court of Justice, according to the commercial law firm MTR Legal Rechtsanwalt, which also advises on inheritance law.
Paternity established only after inheritance
The Federal Court of Justice’s ruling was based on the following facts: The testator died in August 2017 and specified his registered partner as the sole heir in his will. Although the non-marital daughter learned about the inheritance in 2017, she did not initiate a court proceeding to establish paternity until 2022. After it was confirmed that the deceased was her biological father, she asserted her compulsory portion claim in 2023. The sole heir refused payment, arguing that the claim was already time-barred. Both the lower courts and the Federal Court of Justice sided with the heir.
Start of the limitation period
According to Section 2317 (1) of the German Civil Code, the claim to the compulsory portion arises with the inheritance, that is, at the moment of the testator’s death. The standard limitation period is three years and begins at the end of the year in which the claim arose and the entitled person became aware, or should have become aware, of the circumstances giving rise to the claim. An issue with the limitation period may arise if paternity needs to be established after the inheritance has occurred.
In the specific case, the non-marital daughter was already informed of her father’s death in 2017. Paternity was not legally established until 2022. However, the daughter already had grounds in 2017 to investigate and clarify her possible parentage. The fact that she only secured the court confirmation of paternity five years later does not affect the commencement of the three-year limitation period at the end of 2017. The limitation period therefore expired on December 31, 2020, and the daughter’s claim to the compulsory portion was finally extinguished, according to the Federal Court of Justice.
Compulsory portion claim arises with inheritance
With its judgment, the Federal Court of Justice clarified that the claim to the compulsory portion does not arise only with the judicial determination of paternity, but already at the time of inheritance. Although the establishment of paternity has retroactive legal effect, it does not postpone the start of the limitation period. Therefore, anyone who learns of a potential inheritance and has doubts about their parentage should act promptly.
Non-marital children, upon learning that their presumed father has died, should take the necessary legal steps at an early stage to pursue their claim. This includes, in particular, initiating a parentage proceeding and subsequently asserting the compulsory portion within the limitation period. Anyone who waits too long risks forfeiting their claim through limitation.
Federal Court of Justice creates legal certainty
For heirs, the decision provides greater legal certainty. They can rely on the fact that compulsory portion claims cannot be asserted indefinitely. This protects estate settlements from prolonged uncertainty and enables reliable planning.
With its judgment of March 12, 2025, the Federal Court of Justice has decided the important fundamental question that compulsory portion claims of non-marital children become time-barred regardless of when paternity is established. The determining factor is solely when the child became aware of the father’s death. Thus, the judgment strengthens the legal certainty of heirs, but also clearly demonstrates the necessity for timely action on the part of potential claimants.
MTR Legal Rechtsanwalt advises on compulsory portion claims and other matters of inheritance law.
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