In the frequently occurring constellation, that a testator to a third party given in his lifetime revocable regarding eligibility for life insurance, it comes after the succession to the problem of how the compulsory supplementary claim to be calculated. The Federal Court in a ruling dated 28.04.2010 - dissolved IV ZR 73/08) of this controversial issue. Protective purpose of the compulsory part supplement claim is to prevent the statutory share law is undermined by inter vivos transactions within the last 10 years before the succession (BGH, supra). The grant of the subscription rights is qualified as an indirect gift that always triggers a mandatory part supplement claim. But what is the amount by which the assets of the deceased was reduced and are then used to calculate the Pflichtteilsergängzungsanspruch basic needs? To this end, there were different views: the value of the sum insured, value of the premiums paid or the surrender value (see references in BGH, supra). Now the Fourth Senate has parked on the merits in principle to the redemption value: "The duty of supplements is instead solely on the value that the testator in the rights of its life insurance in the past - would have second of his life in accordance with objective criteria for its capacity to implement is a rule it must be based on the surrender value - legal.. Depending on the circumstances of each case may optionally also - objectively occupied - higher selling price be approached pull "
The compulsory beneficiary, who can show proof the alleged Pflichtteilsergängzungsanspruch and must demonstrate a higher value than the surrender value only. if he is a the lifetime of the deceased persons have already repeatedly offers to purchase or if an expert opinion of abstract and general standards to a higher value determined (BGH, supra).
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