Reduction of the compulsory portion
This allows the compulsory portion to be reduced by half where, over a long period, there was no close relationship between the deceased and the person entitled.
If at no time, or over a long period, there was no close relationship between the deceased and the person entitled of the kind that usually exists within a family, the compulsory portion may be reduced.
The reduction must be ordered by will. It is excluded where the deceased avoided contact without good reason (see compulsory portion).
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
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Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
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Disinheritance
Disinheritance deprives a person otherwise entitled to a compulsory portion of that portion. It is permitted only on the serious grounds listed in the law and must be ordered by will.
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Crediting of gifts
When crediting gifts, certain gifts made by the deceased are added back to the estate for the purpose of calculating the compulsory portion. This prevents the portion from being hollowed out.
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