Waiting it out is not an option: Court: Heir must urge notary to produce inventory of estate

Brandenburg/Berlin. If a close relative is disinherited, they can at least claim their compulsory portion. However, to calculate this, knowledge of the net value of the estate is required. And if you don't want to be satisfied with the heir's information, you can request a notarial inventory. But what happens if you, as the heir, actually instruct the notary to create such an inventory, but nothing happens? Then you should follow up and put pressure on the notary. Otherwise, it can become extremely expensive.

The German Association of Lawyers' Working Group on Inheritance Law refers to a corresponding decision by the Brandenburg Higher Regional Court (OLG) (case no. 3 W 124/25). In the specific case, an heir was initially sentenced to present a notarial inventory of the estate. After he had not fulfilled this task for two years, the court imposed a fine of €1,000 on the man.

It was only after this that the heir actually commissioned a notary to prepare the inventory. However, another two years passed without the person entitled to a compulsory portion being presented with such an inventory.

The person entitled to a compulsory portion then applied again for a fine - this time in the amount of €5,000 - to be imposed on the heir. The court ruled that this was justified. This is because the heir's obligation is not fulfilled by simply instructing the notary. Rather, the heir must influence the notary with the necessary intensity if it does not become active in a timely manner.

On the other hand, if someone merely instructs a notary and accepts its inactivity, this requirement is not met. The renewed fine was therefore set in the specific case.