Articles & analysis.
Topics from inheritance law, set out clearly for clients.
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
Legacy exceeds the inheritance share: partition order and valuation
A legacy credited against an heir's share may change the calculation when its value exceeds that share. Section 648 ABGB addresses crediting, partition order and valuation date.
Estate in Austria, succession under foreign law: state acquisition under Section 750(2)
Section 750(2) of the Austrian Civil Code addresses a specific situation: an estate is located in Austria, succession is governed by foreign law and no person acquires the estate.
Will releases a loan: legacy of release and its scope
When a will releases a loan, section 663 ABGB governs the legacy of release. Review the claim, interest, scope and evidence in the inheritance dispute.
Legacy of a claim: assignment to the beneficiary with continuing interest
A legacy of a claim is fulfilled by assigning the claim to the beneficiary. Section 664 ABGB also covers accrued and continuing interest.
Legacy to children: when do grandchildren take their parents’ place?
Section 681 ABGB distinguishes the deceased person’s own children from another person’s children. This guide explains when grandchildren may be included in a legacy.
Business work in expectation of inheritance: remuneration after a failed benefit
Work in a family business in expectation of a later benefit: agreement, remuneration, failure of purpose and evidence in an inheritance dispute.
International estate before an Austrian court: jurisdiction and authentic instruments
International estate with a connection to Austria: jurisdiction, recognition of foreign decisions and the effect of authentic instruments.
Legacy to a dissolved association: who can take its place?
What happens to a legacy for an association dissolved before the death? Austrian rules on interpretation and substitute beneficiaries.
Funeral insurance after death: beneficiary or estate?
How to classify funeral insurance after death: named beneficiary, heirs, estate assets and compulsory-portion questions.
Bonus miles and customer points in an estate: access and expiry
Bonus miles and customer points may form part of an estate. The contract, proof of succession, account access, expiry and co-heir consent must be reviewed.
Probate proceedings without assets: discontinuance and creditor options
What section 153 AußStrG provides for an estate without assets and when transfer to creditors or a creditor notice must be reviewed instead.
Proving a compulsory portion claim to a bank: requesting account records
Which bank records matter in a compulsory portion dispute, who should receive the request and how account evidence fits into the calculation.
Creditor notice in an Austrian estate: filing claims in time
Sections 813 and 814 ABGB govern the creditor notice in an estate, filing claims and the effect of a late filing.
Pet in the estate: custody, ownership and cost disputes
Pet in the estate: who cares for the animal, how is ownership assessed and how are necessary costs between heirs accounted for?
Inheritance waiver for specific descendants: scope and form
An inheritance waiver may also cover descendants. How form, scope and different agreements are reviewed under section 551 ABGB.
Foreign inheritance contract as an authentic instrument: evidentiary effect under Article 59
How Article 59 of the EU Succession Regulation classifies the evidentiary effect of a foreign inheritance contract as an authentic instrument in Austria.
Estate division by lot: allocating indivisible assets between co-heirs
How indivisible estate assets can be allocated between co-heirs, what Section 841 of the Austrian General Civil Code means and when court involvement becomes necessary.
Funeral invoice: advance payment, reimbursement and heir dispute
Funeral invoice after a death: when the estate reimburses an advance payment and how heirs can organise a dispute about funeral costs.
Grounds of unworthiness in an estate: exclusion and evidence
Which statutory grounds of unworthiness can exclude a person from an estate and how the allegation should be evidenced in probate proceedings.
Unborn child as a possible heir: securing the estate share until birth
An unborn child that has already been conceived may need to be considered in the estate. Evidence, representation and protection of the open estate share are central.
Land register after devolution: heirs’ entry and disputes over estate property
After devolution, heirs must align the land register, shares and dealings with the estate property.
Legacy and compulsory portion: when the estate cannot satisfy every claim
When the estate cannot satisfy legacies and the compulsory portion, priority, reduction and value must be reviewed together.
Inheritance contracts in Austria: form, binding effect and withdrawal
An inheritance contract can bind more strongly than an ordinary will. Form, scope and withdrawal must be examined separately.
Purchase of an inheritance after death: liability for debts and warranties
An inheritance purchase requires a clear separation of price, known debts, estate assets and liability.
Company shares in an estate: voting rights, profits and succession in a dispute
Company shares in an estate raise questions about voting rights, profits, valuation and business succession.
Sale and encumbrance prohibition after lifetime transfer: compulsory portion and property value
Land register prohibitions, residence rights and care obligations can shape compulsory portion, value and equalisation after transfer.
Illegal building issues in an inherited property: order, value loss and sale
Missing permits in inherited property affect valuation, official orders, sale strategy and co-heir conflict.
Rental income from an inherited property: deposit, costs and accounting
For rented inherited property, heirs should account for rent, deposits, operating costs and administration separately.
Mortgage on an inherited property: loan, sale and heir liability
If an inherited property is mortgaged, heirs should separate land register security, estate liability, inventory and sale strategy.
Heir in personal insolvency: what happens to the inherited property share
If a co-heir is in personal insolvency, insolvency estate, inheritance share, property and co-heir strategy collide.
Advance legacy for a cohabiting partner, why home and household goods are different
A cohabiting partner does not automatically receive the spouse advance legacy. Home, household goods, will and section 748 ABGB must be reviewed separately.
Out-of-court compulsory portion settlement, disclosure, limitation and lawsuit risk
An out-of-court compulsory portion settlement is durable only when disclosure, valuation, gifts and limitation are reviewed.
Notary and court commissioner costs in Austrian probate disputes
How to classify notary and court commissioner costs in Austrian probate: estate costs, dispute costs and the documents to review.
Managing an inheritance for a minor until adulthood in Austria
When a minor inherits, management, representation, court approval and conflicts of interest must be kept separate.
Disinheritance after no contact, when the compulsory portion still remains
No contact does not automatically remove the compulsory portion. Will, reduction, evidence and limitation must be reviewed.
Will after divorce or dissolution: when a former spouse no longer benefits
After divorce or dissolution, an old benefit in a will must be checked against Austrian law and the wording.
Compulsory portion for parents in Austria: why old rules cause disputes
Parents are often mentioned in compulsory portion disputes, but Austrian law must be checked carefully before any payment.
Co-heir living in the inherited house: compensation, eviction and division
If a co-heir lives in an inherited house, use, shares, compensation and division must be reviewed separately.
Court commissioner in probate disputes: delay, file access and perceived bias
Problems with delay, file access or perceived bias in probate require facts, chronology and procedural review.
Revoking or challenging a declaration of acceptance in Austrian probate
After a declaration of acceptance, speed and documents matter. Revocation, mistake and liability depend on the file.
Will found at home: what must go to the court commissioner
If a will is found at home, originals, copies and envelopes must be secured and submitted without delay.
Inherited compulsory portion claim: when the beneficiary dies later
If a beneficiary dies after the first death, successors must review claim, maturity, evidence and limitation risk.
Foster child in an inheritance dispute: care legacy and will
A foster child does not inherit automatically. Kinship, adoption, will and care legacy must be reviewed separately.
Siblings, nieces and nephews: who inherits in the second line?
If there are no descendants, the second line with parents, siblings, nieces and nephews may become relevant.
Grandchildren in an inheritance dispute: predeceased child and succession
If a child predeceased the deceased, grandchildren may step into that line. Will and compulsory portion need separate review.
Estate creditors in an inheritance dispute: security and liability
Estate creditors and heirs must separate security, estate separation, inventory and liability limits in inheritance disputes.
Securing a cash legacy when heirs do not pay
When heirs do not pay a cash legacy, due date, liquidity, evidence and security steps must be reviewed carefully.
Wrong heir used estate assets: compensation and inheritance action
If a wrong heir used estate assets, use, compensation, evidence and inheritance action must be reviewed separately.
Disclaiming an inheritance for minor children in Austria
For minor children, disclaiming an inheritance requires careful review of debts, liability, inventory and possible court approval.
Digital accounts after death when providers refuse access
When providers refuse access or data after death, heirs need proof, clear scope and an orderly escalation path.
Insolvent estate in Austria: what heirs and creditors should review
If estate debts exceed assets, heirs need inventory, liability limits and a clear response to creditor pressure.
Penalty clause in a will: pressure around forced heirship rights
Penalty clauses in Austrian wills can intimidate heirs. The key issue is what is compulsory portion and what is an extra benefit.
Charitable legacy in an Austrian will: when heirs must fulfil a donation
A charitable legacy raises questions of interpretation, evidence and fulfilment. What heirs should review before payment.
Adult representative in Austrian probate: approval and conflicts of interest
When a represented adult inherits in Austria, acceptance, disclaimer and settlement require careful authority and conflict checks.
Heir with private debts: creditor enforcement against the inheritance share
Private debts of one heir must be separated from estate debts. Enforcement, inheritance share and settlement need strategy.
Gift upon death in an inheritance dispute: form and evidence
After death, the document decides. Form, delivery, compulsory portion and evidence must be reviewed separately.
Care legacy in an inheritance dispute: evidence and objections
When care after a death becomes disputed, time period, relationship and records matter. How heirs and carers structure the claim.
Cohabiting partner in an Austrian inheritance dispute
Cohabiting partners do not stand like spouses. In a dispute, will, Section 748 ABGB, care, home and evidence matter.
Bank safe, home safe and gold in the estate: preserve evidence
Keys, codes, gold or coins quickly create mistrust. Preservation, inventory and provable steps are decisive.
Foreign will in Austrian probate: form, translation and authenticity
Where a foreign document appears, original, translation, formal validity and authenticity must be reviewed separately.
Interpreting an unclear will in an inheritance dispute
Unclear wills are interpreted first. Section 553 ABGB separates wording, true intention and later challenge.
Returning estate items when a relative keeps possession
When keys, documents, jewellery or vehicles are kept back, evidence, possession and procedural stage matter.
Co-heir administers the estate: information and accounting in an inheritance dispute
When a co-heir administers the estate, specific requests can clarify account movements, income, expenses, records and use benefits.
Codicil in an inheritance dispute: legacy or heir appointment?
With a codicil, content decides. Whether someone is heir or legatee shapes rights, duties and procedure.
Adopted child in an inheritance dispute: inheritance rights and compulsory portion
Adoption changes inheritance lines. In a dispute, section 197 ABGB, the form of adoption and the distinction between biological and adoptive relatives matter.
Stepchildren and adopted children in an inheritance dispute: who really inherits?
In patchwork families, legal kinship determines whether stepchildren or adopted children inherit.
Reviewing claims against the estate: heir liability and objections
Heirs should review claims against the estate before paying or expanding their liability unnecessarily.
Separated but not divorced: the spouse’s inheritance right in dispute
If spouses separated before divorce, the status on the date of death affects inheritance rights and advance legacy.
Substitute heir and accretion: who receives the freed inheritance share?
If an appointed heir drops out, the will, substitute heirship and accretion determine who receives the freed share.
Heir does not respond: what if probate is delayed?
If an heir does not respond, documentation, the court appointed notary and clean procedural steps help against delay.
Partition action after devolution: when co-heirs block an inherited property
After devolution, a partition action may matter if co-heirs block sale or use of an inherited property in Austria.
Deferring or paying the compulsory portion in instalments when the estate lacks liquidity
When an estate lacks liquidity, deferral or instalment payment of the compulsory portion may become important in Austria.
Estate separation in Austria: securing the estate before assets are mixed
Estate separation can protect an estate before assets are mixed. When parties should review an application in Austria.
Collation in inheritance disputes: which lifetime advances children must account for
Collation in Austrian inheritance disputes concerns lifetime advances to children. Purpose, duty to account and evidence are decisive.
No will in Austria: who inherits first under statutory succession in a dispute
Without a will, statutory succession decides who inherits in Austria. Where disputes commonly arise after death.
Appeal against a devolution order in an inheritance dispute
When an appeal against a devolution order should be reviewed and when other routes remain after finality.
Condition or obligation in a will, dispute about performance
When heirs dispute a condition, obligation or purpose clause in a will, interpretation and proof matter.
Executor of the will in an inheritance dispute, duties and limits
What an executor of the will may do in a dispute and how performance of the will can be evidenced.
Prior heir and subsequent heir, dispute about information and surplus
When prior and subsequent heirs dispute use, information, security or surplus, the precise instruction matters.
Supplementary probate after devolution when assets appear later
When assets appear after devolution, the first step is structured review, not a new dispute on suspicion.
Estate apartment locked: keys, access and securing items
Disputes over keys and access to an estate apartment escalate quickly. How parties can clarify inventory, security and use.
Draft inheritance settlement: what to check before signing
An inheritance settlement can end a dispute, but only with clear values, duties and deadlines. What to check before signing.
Invoices after death: paying from the estate?
After death, invoices keep arriving. Which costs should be checked first and why private quick payments can cause disputes.
Jewellery, art and family items in the estate dispute
Jewellery, art and family items often trigger estate disputes. How heirs secure stock, valuation and fair division.
Private valuation report in an estate dispute
When estate values are disputed, a private valuation report can help. When it is useful and where its limits lie.
Access to the probate file when documents are missing
If wills, account statements or valuations are missing, access to the probate file can clarify the record and the next request.
Incorrect estate schedule: correction and evidence in probate proceedings
An incomplete estate schedule can distort compulsory portion, liability and division. How parties should correct errors in order.
Missing will: copy, witnesses and evidence in an inheritance dispute
If a will appears only as a copy or reference, evidence becomes the core issue. Which steps parties should review in Austria.
Selling an inheritance share in a dispute: what co-heirs should review
Selling an inheritance share can end a dispute but creates new risks. What price, liability and information mean.
Statutory legacy of the spouse: home and household in an inheritance dispute
The statutory legacy protects spouses in relation to home and household. Where disputes with heirs arise and which records matter.
Challenging a reduction of the compulsory portion
Austrian law allows reduction of the compulsory portion only in narrow situations. When affected relatives should have the reduction reviewed.
Enforcing a legacy: when heirs do not perform
A legacy does not automatically make someone an heir. How legatees enforce their claim against heirs in an orderly way.
Inheritance action after devolution: when the wrong heir was recognised
Even after devolution, a dispute about heirship may remain. When an inheritance action should be reviewed.
Inheritance waiver and compulsory portion waiver after death
A waiver only works if form, scope and consideration are clear. How parties should assess the dispute after death in Austria.
Unknown heirs and estate curator: what parties can do
If heirs are unknown or unreachable, probate may stall. Which steps parties should review in Austria.
Competing declarations of acceptance: what the inheritance action decides
When several people claim the inheritance, the inheritance action often decides the position. How to secure your standing in Austrian probate.
Estate with debts: accept or disclaim?
If the estate is overindebted, the question is between disclaiming and conditional acceptance. How you protect your own assets in Austrian probate proceedings.
International succession with a connection to Austria
With cross-border estates the question of the applicable law arises. How the EU Succession Regulation and the habitual residence shape a succession with a connection to Austria.
Right to information for the compulsory portion: which records matter
The right to information secures the calculation of the compulsory portion. Which records of accounts, gifts and valuations matter and where the right has limits.
Settlement strategy in an inheritance dispute: when agreement makes sense
A well-prepared settlement can end a long inheritance dispute. When an out-of-court agreement makes sense and what a settlement should govern.
Bank mandate after death: risks in an inheritance dispute
A bank mandate may continue beyond death, yet withdrawals often lead to restitution and dispute. What heirs should know about it.
Court commissioner: preparing the appointment and documents
The court commissioner guides through the probate proceedings. Which documents to bring to the appointment and how to prepare for the record of the death.
Estate property: valuation, sale and use
An inherited property often leads to dispute over keeping or selling. How valuation, use and division within the community of heirs are ordered.
Share of the estate, settlement payment and compromise
A co-heir can be paid out or agree through a compromise. How a settlement payment and a compromise dissolve the community of heirs and what matters about the valuation.
Unworthiness to inherit and disinheritance: what is really possible
Unworthiness to inherit arises by operation of law, while disinheritance must be ordered in the will. What sets them apart and what matters for the compulsory portion.
Carer as heir: gift, power of attorney and conflict
If a carer later inherits, gifts, powers of attorney and dependency must be examined neutrally. Suspicion alone is not enough.
Hidden crypto wallet in the estate: seed phrase and compulsory portion
Suspected crypto assets in the estate require evidence, valuation and preservation. Technical recovery promises do not replace legal assessment.
Passbook with password in the estate: possession and evidence
With a passbook in the estate, parties often dispute possession, gift and password. Bank records and evidence are decisive.
Valuing residence rights and usufruct in compulsory portion disputes
Residence rights and usufruct can shape the value of a transfer or property. In compulsory portion disputes the specific valuation matters.
Transfer, care services and equalisation among heirs
Lifetime transfer to one child, care services and equalisation among co-heirs. How such benefits interact with the compulsory portion and crediting.
Compulsory portion limitation and settlement talks: timing risk
Settlement talks do not automatically preserve the compulsory portion. Anyone negotiating must check information, deadlines and enforcement separately.
Inheritance contract after separation or divorce: what to examine
An old inheritance contract can cause disputes after separation, divorce or a new partnership. Binding effect, revocation and records matter.
Medical records and testamentary capacity: what really helps
Medical letters, care records and reports help only if they relate to the time the will was made. How to assess the evidence.
Testamentary capacity and dementia: which evidence counts
A dementia diagnosis does not automatically remove testamentary capacity. Which point in time counts and which evidence is decisive where doubts exist.
Will in a care home: checking influence and evidence
For wills in care homes, free will, dependency and contemporary evidence matter. Blanket accusations are not enough.
Compulsory portion and private foundation: checking asset shifts
If assets moved into a private foundation before death, the compulsory portion dispute needs evidence, deeds and clear boundaries.
Hereditary farm and compulsory portion in an inheritance dispute
In hereditary farm cases, special succession rules, compulsory portion and family settlement meet. Farm value, records and equalisation matter.
Joint will of spouses in Austria: revocation and misconceptions
Joint will in Austria: classify binding effect, revocation and German templates correctly in an inheritance dispute.
Mistake in a will: false assumptions and challenge
Mistake in a will: assess false assumptions, motive mistake and evidence in Austrian inheritance disputes.
Wills with formal defects: when contesting is possible
Formal defects can render a will ineffective. Which form requirements apply, which defects are typical and who can contest a will.
Calculating the compulsory portion: debts, funeral costs and deductions
Calculating the compulsory portion: check estate debts, funeral costs and evidence before accepting or disputing a figure.
Joint account after death: who owns the balance?
Joint account after death: how balance, internal relationship, authority and withdrawals are checked in an estate dispute.
Life insurance with beneficiary: compulsory portion and information
Life insurance in an estate dispute: check beneficiary right, payout, information and possible compulsory-portion effects.
Lifetime gifts and crediting against the compulsory portion
Lifetime gifts can affect the compulsory portion. When gifts are added back and which time limits apply to entitled persons and to third parties.
Will witnesses with conflicts: when formal defects become disputed
Will witnesses in inheritance disputes: when benefit, relatives, presence and identity wording create formal issues.
Costs of an inheritance dispute: fees, experts and settlement
Inheritance disputes cost more than time. Which court fees, expert costs, representation costs and settlement risks should be checked first.
Disinherited: claiming the compulsory portion correctly
A disinheritance needs a lawful ground, otherwise the compulsory portion remains. How to assert the claim and observe the three-year limitation period.
Heirs abroad: service, power of attorney and deadlines
When heirs live abroad, service, power of attorney, translations and deadlines quickly become issues in Austrian probate proceedings.
Minor heirs in dispute: curator, settlement and court
When minors inherit, conflicts of interest, settlements and court approval require particular attention.
Revoking a will: new will, destruction and contradiction
Several wills, crossed-out passages or a destroyed document often lead to disputes. This is how revocation of a testamentary disposition is assessed.
Community of heirs: administration, use and avoiding disputes
Several heirs hold the estate jointly until division. How administration and use are governed and how you can avoid disputes in the community of heirs.
Estate inventory in probate: limiting liability
The estate inventory records assets and debts as at the date of death and limits your liability to the value of the estate. How it works and who can request it.
Declaration of acceptance: conditional or unconditional?
Accepting conditionally or unconditionally decides your liability for estate debts. What matters about the declaration of acceptance in Austrian probate proceedings.
Contesting a will: typical conflict points and questions of evidence
Whether a will holds is usually decided by form, testamentary capacity and free will. Which conflict points are typical and which evidence can support a challenge.
Compulsory portion and gifts: why early review is decisive
Lifetime gifts can raise or reduce the compulsory portion considerably. Why it pays to examine crediting and deadlines early instead of waiting for the proceedings to end.
Inheritance dispute after a death: which deadlines and documents come first
After a death, the first quarter often decides the later negotiating position. Which deadlines run, which documents to secure and when legal review is worthwhile.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000