Secure the will first.
If a will or other testamentary disposition exists, its wording and form come first. A foster child may be expressly favoured even without statutory heirship.
Will
Foster child in an inheritance dispute: care legacy and will
A foster child does not inherit automatically. Kinship, adoption, will and care legacy must be reviewed separately.
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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.
9 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 July 2026
Foster children and carers often face a gap between lived family life and statutory succession. Emotional closeness alone does not create heirship under Austrian succession law. A will, adoption or a care legacy under ABGB section 677 may still become decisive.
This article explains the practical review when a foster child expects rights after death or other heirs dispute those expectations. It is distinct from the articles on care legacy evidence and stepchildren and adopted children.
Clarify position
Which legal position may the foster child have?
A first classification separates heirship, legacy and care based claims.
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Which basis is most relevant?
The answer shows which documents should be reviewed first.
All paths at a glance
Overview of all answers.
Focus: Contesting a will →
Document care services specifically.
A care legacy under ABGB section 677 requires a careful review of care services, duration and personal closeness. Concrete facts matter more than expectations.
Review statutory succession calmly.
Under ABGB section 731, statutory succession follows family lines. Without adoption or a testamentary disposition, social closeness usually does not create automatic heirship.
Why a foster child does not inherit automatically
Why a foster child does not inherit automatically
Statutory succession follows legally recognised family lines. A foster relationship may be very close in practice but does not replace legal descent without adoption.
Participants should therefore check civil status, adoption records and testamentary dispositions first. Only then can heirship, a legacy or no claim be assessed.
When a care legacy becomes important
When a care legacy becomes important
ABGB section 677 can make care services relevant in the estate. Type, duration and scope of care must be tangible. Family feeling alone does not replace evidence.
Care calendars, messages, invoices, doctor visits and witness statements can help. The article on care legacy evidence goes deeper.
How will, adoption and care services are separated
How will, adoption and care services are separated
A will may benefit a foster child, adoption may change statutory status and a care legacy may be assessed independently. These levels should not be mixed.
If other heirs dispute personal closeness, structured evidence is stronger than moral pressure. Legal review helps isolate the legal core from the family conflict.
In foster child inheritance disputes, the key issue is not who felt like family. The key issue is which legal basis exists and how it can be proven.
Frequent questions
Foster child, care legacy and will
Does a foster child inherit automatically in Austria? +
Not solely because of the foster relationship. Kinship, adoption, will and possible care based claims must be reviewed.
Can a foster child claim a care legacy? +
It may be reviewed where relevant care services were provided. Duration, type of care and evidence are decisive.
What should be secured first? +
Will, civil status documents, possible adoption records and evidence of care services should be organised.
Topics
Foster childCare legacyWillAdoptionInheritance dispute
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