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=S=> BGB 2316. 1 If there is more than one descendant and , in the event of intestate succession , a gift by the testator or payments of the kind specified in section 2057a would be adjusted among them , the compulsory share of each descendant is determined by what would accrue to the share of the inheritance on intestacy , taking into consideration the duties to adjust advancements on the partitioning of the estate . A descendent who has been excluded from intestate succession by renunciation of the inheritance is not included in the calculation .
=S=> BGB 2316. 2 If the person entitled to a compulsory share is an heir , and if the compulsory share under subsection ( 1 ) has a greater value than the share of the inheritance left to him , he may demand from the co-heirs the additional amount as his compulsory share , even if the share of the inheritance left to him is equal to or exceeds one-half of his share of the inheritance on intestacy .
=S=> BGB 2316. 3 The testator may not to the disadvantage of a person entitled to a compulsory share exclude any gift of the kind specified in section 2050 ( 1 ) from being taken into account .
=S=> BGB 2316. 4 If any gift to be taken into account under subsection ( 1 ) is at the same time to be deducted from the compulsory share in accordance with section 2315 , it is to be counted at one-half of its value .
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