Put the evidence in order first.
Secure documents with date, origin and context. Only then can it be assessed whether the suspicion is legally sustainable.
Compulsory portion
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.
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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.
29 June 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
Asset transfers into a private foundation often become visible only late in a compulsory portion dispute. What matters is not the label foundation, but which assets were transferred when and which rights the deceased still retained.
This article explains which documents persons entitled to a compulsory portion should examine, how the foundation deed and beneficiary position are placed and why a blanket challenge is rarely enough.
Initial assessment
Which track matters in this inheritance dispute?
This short decision tree does not replace advice. It helps to sort evidence, valuation and next steps.
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Which point is currently unclear in your case?
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Overview of all answers.
Focus: Compulsory portion →
Do not examine valuation in isolation.
Valuation issues depend on the estate, encumbrances and the specific legal basis. An expert valuation does not replace legal assessment.
Deadlines and preservation before tactics.
Where deadlines are running or assets are at risk, preservation should be examined first. Settlement talks do not replace reliable deadline control.
What the dispute over foundation and compulsory portion turns on
What the dispute over foundation and compulsory portion turns on
The first question is whether a transfer to the foundation economically reduced the estate. For that purpose the date, value and any counter-performance of the transfer must be clarified.
It also matters whether the deceased retained influence or benefit. The foundation deed, supplementary deed and beneficiary rules can be decisive for this.
Which evidence should be secured
Which evidence should be secured
Relevant records include foundation documents, payment flows, real estate records and indications of later distributions. Without this basis an allegation of asset shifting remains too vague.
Communication before the death can also matter. It may show whether maintenance, succession planning or targeted reduction of the compulsory portion was in the foreground.
How to keep the article apart from the private foundation core
How to keep the article apart from the private foundation core
This article is not a guide to setting up or taxing a private foundation. The focus is the inheritance dispute: did a transfer affect the compulsory portion and how can this be proved?
For initial orientation see the compulsory portion focus page. Terms such as crediting of gifts are especially important.
Which steps make sense before settlement
Which steps make sense before settlement
Before a settlement the asset trail should be clarified as far as possible. Anyone who waives without insight into foundation records may find later renegotiation difficult.
A staged approach is useful: request information, examine documents, narrow valuation issues and only then discuss settlement amounts.
Not every foundation automatically means a reduction of the compulsory portion. Concrete transfers, the deceased's rights and evidence of economic effect are decisive.
Frequent questions
Compulsory portion and private foundation: checking asset shifts
Can I request foundation records in a compulsory portion dispute? +
That depends on your position and the specific procedure. In any event, it should be examined early which deeds and payment flows are needed for the calculation.
Is suspicion of an asset shift enough? +
No. Suspicion is a reason to examine the matter, but it does not replace evidence. Date, value and economic effect of the transfer are decisive.
Should I settle without foundation records? +
That is risky. A settlement can make sense, but only after a minimum examination of the asset trail and legal basis.
Topics
Compulsory portionPrivate foundationGiftEvidence
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