Due to a new regulation in inheritance law, claims to the compulsory portion threaten to become time-barred at the end of this year. The “Act Amending Inheritance and Limitation Law” (ErbVerjRÄndG) of September 24, 2008 came into force on January 1, 2010. As a result, inheritance law claims are now also regulated by law with regard to the statute of limitations.
The purpose of the limitation period is to create legal clarity and peace between the persons concerned. The previous limitation period of 30 years for inheritance claims is generally replaced by the regular limitation period of three years. Only in exceptional cases will the 30-year limitation period apply to inheritance law claims from the time the claim arises.
These amended statutory provisions have been applicable to all inheritance cases since January 1, 2010, even if they relate to circumstances prior to January 1, 2010. For inheritance law claims, the regular limitation period of three years begins on January 1, 2010 due to the transitional provisions. This means that these claims are subject to the statute of limitations after the end of 2012, i.e. from January 1, 2013, even in transitional cases relating to circumstances prior to January 1, 2010.
An application for conciliation with a state-recognized conciliation office can suspend the limitation period for potential inheritance claims. This enables the claimant to negotiate the inheritance claim before a neutral mediator (conciliator) without any time pressure.
