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.
Your contact
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 24 August 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 complements the article on care legacy evidence and distinguishes the issue from stepchildren and adopted children.
Clarify position
Which legal position may the foster child have?
A first classification separates heirship, legacy and care based claims.
Already know you want to get in touch? Go straight to the enquiry form.
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
Section 677 ABGB links the statutory care legacy to care provided by a close relative during the three years before death. The care must have lasted at least six months and gone beyond minor everyday assistance. In a foster child case, adoption or another legally recognised close relationship therefore requires separate review.
The review should record concrete care tasks, periods and the personal relationship with the deceased. Care calendars, messages, invoices, medical visits and witness statements can help. The article on care legacy evidence in a dispute goes deeper into proof.
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.
Which documents should be organised first
Which documents should be organised first
The first review should bring together civil status documents, any adoption order, a will or other testamentary disposition, the death certificate and the probate file so far. The article on the adopted child in an inheritance dispute explains why the form and effective date of adoption matter.
Care periods, concrete tasks, messages, payments and existing agreements should also be recorded in chronological order. The overview of documents after death helps with deadlines and the next steps. The inheritance dispute focus page provides the broader legal context.
In a foster child inheritance dispute, the key issue is not who felt like family. The key issue is which legal basis exists and how it can be proven.
Current notes on Austrian succession, probate and inheritance disputes are available via the Brandauer newsletter.
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
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000