Proving a compulsory portion claim to a bank: requesting account records

The first question is which assets belonged to the estate at the date of death. On application by a person entitled to a compulsory portion, section 778 of the Austrian Civil Code provides for the estate to be described and valued in detail. A suspected bank account can therefore be an important evidentiary issue, but it does not replace a review of the claimant’s status and the procedural stage.

The request should identify a concrete estate position. It may ask whether an account existed at the date of death, which balance was shown and which transactions matter for the valuation or for an alleged gift. General suspicion makes a focused review more difficult.

Section 786 of the Austrian Civil Code provides an information claim concerning certain gifts against the estate, the heirs and the recipient of the gift. It does not create a general right for every person entitled to a compulsory portion to obtain all account data directly from every credit institution. The direction of the claim depends on its purpose and on the position of the persons involved.

A direct request to the bank can still help clarify an existing authorisation, the state of the file or whether information can be released. If the request is refused, preserve the response and place it in the correct procedural context. Bank secrecy, data protection and the rights of the estate must be respected.

A useful request identifies the credit institution, account or deposit, relevant period and type of record. Depending on the issue, statements around the date of death, a balance confirmation, account opening documents, signing authorities, powers of attorney or evidence of larger transfers may be relevant. The aim is information connected with the compulsory portion, not an undefined collection of all banking data.

Keep existing records unchanged. Note who provided each document, when it arrived and which gap remains. If family status or an earlier gift affects entitlement, the article on an adopted child’s inheritance and compulsory portion provides a related classification.

Section 778(2) of the Austrian Civil Code bases the valuation on the date of death. A later account balance therefore does not automatically answer which value is relevant. Deposits, withdrawals, standing orders and transfers must be placed in time and compared with the rest of the estate.

It must then be considered separately whether an asset movement could be a gift or another legally relevant transfer. Sections 781 to 788 of the Austrian Civil Code contain rules on adding and crediting gifts and on valuation. An account statement usually proves a money movement, but not its legal basis by itself.

If the bank does not respond or refuses disclosure, preserve the request and the response with the date, recipient and reasons given. Then clarify whether the information is already in the probate file, can be obtained from an heir or must be identified in a court application. The appropriate route depends on the claim, the procedural stage and the evidence.

The state of the file is particularly important here. The article on access to an estate file when documents are missing explains how document gaps can be recorded and followed up. A bank’s refusal does not replace file access or the calculation of the compulsory portion.

Before sending the request, prepare a short evidence list: known account details, suspected period, document already available, specific gap, relevance to the compulsory portion and requested response. Include only records that make the connection with the estate and the claimant’s position understandable. A chronological order helps coordinate with the court-appointed commissioner, heirs and bank.

If a position remains unclear after the request, record that uncertainty expressly. This turns a suspicion into a question that can be examined. For large withdrawals or transfers, also distinguish whether they concern the estate value, a debt, a gift or private use.