Evidence the care concretely.
A care legacy under Section 677 ABGB requires more than a general assertion. Type, duration, relationship and records of care matter.
Compulsory portion
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.
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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.
26 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 11 July 2026
When care after a death becomes disputed, time period, relationship and records matter. How heirs and carers structure the claim.
This article is deliberately written as a dispute focused Detailfrage. It is not a general guide, but shows which evidence, objections and next steps matter in the specific inheritance dispute.
Initial assessment
Which track matters now?
The short decision tree helps structure the situation before an enquiry.
Already know you want to get in touch? Go straight to the enquiry form.
Which issue is central to the care legacy dispute?
Start with role, care scope and evidence. The claim or objection can then be reviewed more precisely.
All paths at a glance
Overview of all answers.
Focus: compulsory portion →
Separate the objection.
Objections should be specific. Distinguish missing care, existing compensation, ordinary family help and a dispute about valuation.
Respect the procedural stage.
In probate, documented and timely submissions matter. Settlement can be sensible where care scope and value remain disputed.
Why Section 677 ABGB becomes concrete in a dispute
Why Section 677 ABGB becomes concrete in a dispute
The care legacy under Section 677 ABGB is meant to account for special care services in a close relationship. In a dispute, however, the wording of the statute is only the starting point. The decisive question is who provided what care during which period.
This article therefore does not repeat a general explanation of the care legacy. It focuses on evidence after death, separation from ordinary family help and typical objections by heirs.
Which evidence makes care understandable
Which evidence makes care understandable
Useful records include care notes, messages, medical appointments, medication plans, journeys, payment records and statements by people who regularly observed the care. Occasional friendly help is usually too weak as a basis for a disputed claim.
A chronology is important. It should show when care began, how intensive it was, whether the cared for person could still act independently and whether payments, gifts or an agreement already existed.
Which objections heirs should review objectively
Which objections heirs should review objectively
Heirs may object that the services were only ordinary family help, were already compensated or concern a different period. Connections with powers of attorney, gifts or a later heir appointment may also matter.
Broad allegations weaken the position. A better review separates records, period, compensation and estate value. This shows whether settlement, acknowledgement or objection is sensible.
How claim, compulsory portion and settlement connect
How claim, compulsory portion and settlement connect
A care legacy may stand alongside other inheritance dispute issues. Compulsory portion, gift crediting and disputes about heir status must not be mixed together.
Anyone negotiating needs a numerical basis. Estate value, alleged care scope, open compulsory portion claims and the effect of settlement on the procedure all matter.
Current notes on Austrian succession, probate and inheritance disputes are available via the Brandauer newsletter: brandauer-news.at.
Frequent questions
Care legacy in an inheritance dispute: evidence and objections
Is ordinary family help enough for a care legacy? +
Not every help is enough. Scope, duration, relationship and any agreed or received compensation are decisive.
Which records are especially important? +
Important records include originals, copies, court correspondence, account records, photos, messages, contracts and all evidence concerning the concrete dispute point.
When should I seek legal assistance? +
Legal assistance is sensible once rights are denied, deadlines are running or assets may be at risk.
Topics
Care legacyInheritance disputeEvidenceCompulsory portion
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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Phone
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