In practice this means executors are not only authorised to assert claims to a compulsory portion on behalf of the testator, but they are duty-bound to do so. If an executor allows the claim to a compulsory portion to become time-barred, he becomes liable to the heirs for damages. Upon assuming the office of executor, as part of the documentation of the estate it is therefore always advisable to check whether the testator may have had a claim to a compulsory portion of the estate of a deceased relative. It must be taken into account that a claim to a compulsory portion can exist even if the testator was appointed heir or was made a bequest in the deceased relative’s will, but his stake in the estate falls below the value of his compulsory portion (known as the supplementary compulsory portion; “Zusatzpflichtteil”) or the prior made gratuitous dispositions during his lifetime (e.g. gifts to the spouse, large endowments to a charity) which trigger a claim to supplement the compulsory portion (“Pflichtteilsergänzungsanspruch”).

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Note added at 3 hrs (2019-04-26 13:29:29 GMT)
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Law: right to a supplement to a compulsory portion