A disinheritance needs a lawful ground, otherwise the compulsory portion remains. How to assert the claim and observe the three-year limitation period.
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.
Anyone who receives a will and finds that they have been disinherited often stands at a loss. Yet a disinheritance does not necessarily mean that you come away empty-handed. For close relatives the law provides a minimum share, the compulsory portion, which can be withdrawn only under narrow conditions.
This article explains who has a compulsory portion, why a disinheritance needs a lawful ground and how you observe the claim. It does not replace advice in an individual case but provides the basis for a conscious decision.
Answer one short question about your situation. You will receive a first assessment of the suitable route.
Already know you want to get in touch? Go straight to the enquiry form.
The answer shows how you can examine and assert your compulsory portion.
A disinheritance requires a lawful ground. If this is missing, your compulsory portion remains as a monetary claim against the estate. You should register the claim within the limitation period and work towards a valuation of the estate.
This secures the minimum share to which you are entitled as a close relative.
Where a ground for the disinheritance is stated, what matters is whether it holds lawfully and can be proven. If the ground does not hold, the compulsory portion remains. Examining the validity is the decisive step.
An expert assessment helps to gauge the prospects realistically.
The compulsory portion becomes time-barred after three years. If a longer period has passed since the inheritance, the deadline should be checked quickly so that the claim is not lost. A timely clarification protects your position.
In case of doubt an early expert examination is the safe route.
The compulsory portion secures a minimum share of the estate for close relatives. Under Austrian law the descendants as well as the surviving spouse or registered partner are entitled to a compulsory portion. They can demand something even where the will passes them over.
The compulsory portion is a monetary claim against the estate, not a claim to particular items. Its amount is measured by the statutory share of inheritance and the value of the estate. This leaves the entitled persons a minimum economic protection.
A disinheritance withdraws the compulsory portion. It is, however, only effective where a lawful ground of disinheritance exists and is expressed in the will. Without such a ground the compulsory portion remains despite the disinheritance.
Where a ground is stated in the will, what matters is whether it holds lawfully and can be substantiated. If the ground does not withstand examination, you can still demand your compulsory portion. The careful examination of the validity is therefore central.
The compulsory portion becomes time-barred after three years. You should keep this deadline firmly in view so that the claim is not lost. A timely registration secures your position, even where the valuation of the estate is not yet complete.
The amount depends on the valuation of the estate. Certain lifetime gifts may also have to be taken into account and can increase the claim. An orderly establishment of the values is the basis for asserting the compulsory portion in the correct amount.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000