Document claim and due date.
First review the testamentary wording, amount and maturity. ABGB sections 684 to 688 are the starting point, but the document still needs interpretation.
Will
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.
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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.
5 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 13 July 2026
A cash legacy may look clear within the family, but it often becomes difficult in the administration of the estate. Heirs do not pay, the estate is not liquid or documents are missing. The claim must then be separated from heirship and estate administration.
This article explains how legatees and heirs review maturity, evidence and possible security under ABGB sections 684 to 688. It builds on the general article enforcing a legacy and focuses on the narrower cash legacy situation.
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How can a cash legacy be secured?
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What is the main issue with the cash legacy?
The answer shows whether claim, liquidity or security comes first.
All paths at a glance
Overview of all answers.
Glossary: Legacy →
Review estate liquidity separately.
If the estate is not liquid, claim, payment timing and asset realisation must be kept separate. A pressure letter without estate overview may intensify the dispute.
Security needs concrete reasons.
Security should be reviewed when estate assets appear at risk. Concrete evidence matters more than general distrust.
When a cash legacy becomes due
When a cash legacy becomes due
ABGB sections 684 to 688 address core legacy questions. In practice, the wording of the testamentary instruction, the named amount and the available estate assets also decide the approach.
Legatees should therefore review more than the heading of a document. Amount, condition, revocation, later amendments and the stage of the probate procedure all matter.
Why missing liquidity does not erase the claim
Why missing liquidity does not erase the claim
An estate can be valuable but still lack cash. Real estate, company shares or collections may first need valuation or realisation. That does not automatically remove the legal position, but it affects the path forward.
Heirs should explain which assets exist. Legatees should state their demand in a way that refers to document, amount and estate status rather than to a general family accusation.
Which evidence matters before a security step
Which evidence matters before a security step
Security steps need facts. Bank records, inventory, correspondence, valuations and signs of asset transfers are more important than broad suspicion.
Escalating too early may create costs and hardened positions. Waiting too long can lose evidence. The timeline from the date of death should therefore be organised.
How to pursue the claim without avoidable escalation
How to pursue the claim without avoidable escalation
A staged approach is usually sensible: review the document, clarify estate status, state the claim, set a deadline or information request and prepare security only when there is a concrete need.
If heirship is already disputed, the approach must match the probate procedure. The issue is often connected with codicil and heir appointment.
With a cash legacy, the claim alone is not enough. Amount, due date, estate status and security need must fit together in evidence.
Frequent questions
Securing a cash legacy
Must heirs pay a cash legacy immediately? +
That depends on the document, maturity and estate situation. Amount, conditions and procedural stage should be reviewed first.
What if the estate has no cash? +
Then the claim and the ability to pay must be separated. Valuation, realisation and possible security are separate issues.
When is security useful? +
When there are concrete indications that estate assets are at risk or that the claim could otherwise lose value.
Topics
Cash legacyLegacyHeirsSecurityProbate
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