Statutory Share and Statutory Share Law
If in the case of succession, one suddenly refers to the Statutory Share, then this means that an heir who was actually entitled to his or her legal inheritance was not named, but must be given a minimum share of the estate as legally prescribed.
These claims must be made staked and enforced, however, against the actual heir.
The period for asserting a claim is limited to three years. If the right to the Statutory Share is not asserted and enforced within the effective period, the legal entitlement expires and the heir (legatee) can object on the grounds of expired period and is free of an obligation to perform.
The Statutory Share right is a financial claim, i.e. the person entitled to his or her Statutory Share can only claim the corresponding sum of money from the bequeathed. The person entitled to his or her Statutory Share is not a legatee and thus cannot obtain information about the estate from a bank. How can he or she then ascertain the true amount of his or her entitlement? He or she must contact the heir.
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