Review claims separately.
Cohabiting partners do not have the same status as spouses. Section 748 ABGB may matter only in special constellations. Care, gifts and items are separate issues.
Inheritance dispute
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.
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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.
25 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 11 July 2026
Cohabiting partners do not stand like spouses. In a dispute, will, Section 748 ABGB, care, home and evidence matter.
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.
What is the cohabiting partner’s role in the dispute?
First identify whether inheritance, home, care or belongings are at issue.
All paths at a glance
Overview of all answers.
Focus: inheritance dispute →
Object on a legal basis.
A blanket refusal is not enough. Heirs should clarify whether a will, exceptional succession, care legacy or gift allegation is in play.
Secure the home separately.
With home and household items, keys, access and preservation often come first. The inheritance quota does not answer every practical question.
Why cohabiting partners differ from spouses
Why cohabiting partners differ from spouses
Under Austrian succession law, a cohabiting partner is not automatically treated like a spouse. This is the core of many conflicts when children, parents, former partners or other heirs dispute claims after death.
Section 748 ABGB on the exceptional succession right of the cohabiting partner may matter only in special constellations. In addition, will, care legacy, gifts, home and estate items may each require separate review.
Which claims should not be mixed
Which claims should not be mixed
Several issues are often asserted at once: I provided care, I lived there, items were given to me, I was supposed to inherit. Legally, these are different tracks.
A good review orders each track separately. Is there a will? Was there a shared household? Which care was provided? Which items are personal belongings and which belong to the estate?
How heirs and partner secure the home
How heirs and partner secure the home
Disputes about home and household items escalate quickly. Keys, access, personal belongings, pets, documents and ongoing costs must be handled without changing the estate on one side.
The article on the estate apartment explains this practical preservation. Written coordination is important so that a housing issue does not become an additional possession dispute.
When settlement becomes realistic
When settlement becomes realistic
Settlement becomes more realistic when participants distinguish emotional life partnership from legal basis of claim. Both matter, but they are not identical.
For settlement talks, will, shared household, care services, gifts and inventory should be prepared separately. This shows which claim is negotiable and which has little legal basis.
Current notes on Austrian succession, probate and inheritance disputes are available via the Brandauer newsletter: brandauer-news.at.
Frequent questions
Cohabiting partner in an Austrian inheritance dispute
Does a cohabiting partner inherit automatically like a spouse? +
No. A cohabiting partner does not automatically have the same status as a spouse. Special claims must be reviewed and evidenced specifically.
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
Cohabiting partnerSuccessionHomeCare
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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