Die Bewertung von Schenkungen im Rahmen des Pflichtteilsergänzungsanspruchs

German inheritance law grants the beneficiary of a compulsory share (‘Pflichtteil’) the right to an augmentation of that compulsory share as compensation for certain lifetime gifts bequeathed by the deceased (‘Pflichtteilsergänzungsanspruch’). In practice, real estate gifts are often made under retained rights. The evaluation of such gifts provides for considerable complications and disputes within the scope of a compulsory share augmentation claim. The case law regarding the evaluation in this respect is frequently criticised in legal scholarship. In this study, the author analyses this case law as well as the criticisms expressed against it. Taking into account the purpose and meaning of the augmentation of the compulsory share as well as its practical problems, the author proposes an alternative standard of evaluation to facilitate the evaluation of real estate in legal practice.