Erbrecht
Will

Generic legacy tied to the deceased’s property: missing items and the duty to procure

Sections 657 and 658 ABGB distinguish a generic legacy tied to the deceased’s property from the heir’s duty to procure missing items.

BRANDAUER Rechtsanwälte
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.

24 September 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 September 2026

A generic legacy may cover several items of the same kind. The legal consequence depends on whether the will expressly requires those items to come from the deceased’s property. If individual items are missing, the legatee cannot automatically turn the shortfall into a procurement claim against the heir.

Section 657 ABGB limits an expressly property-bound legacy to the items found when the estate contains fewer items than the will names. Section 658(1) ABGB leads to a procurement duty where the legacy is not expressly tied to the deceased’s property. The wording and the inventory must therefore be reviewed together. The articles on cash legacies and charitable legacies address different legacy questions.

Initial orientation

What should be checked when items of a generic legacy are missing?

A short orientation separates the property restriction, the procurement duty and unclear wording.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

What does the wording of the generic legacy show?

The key question is whether the items are expressly meant to come from the deceased’s property.

All paths at a glance

Overview of all answers.

01

Compare the property restriction with the items found.

Check which items of the named class are in the estate and whether the will requires them to come from the deceased’s property. Under Section 657 ABGB, a smaller number means that the legatee is limited to the items found.

The article on returning estate items helps organise the individual items.

Classify estate items →
02

Review the procurement duty under the class description.

If the will does not expressly require the items to come from the deceased’s property and the items are absent from the estate, Section 658(1) ABGB requires the heir to procure them in a quality corresponding to the legatee’s needs.

The article on charitable legacies addresses a different interpretation question in the performance of a legacy.

Compare legacy interpretation →
03

Read the will and inventory together.

Where the wording is open, the heading of the legacy is not enough. Secure the will, later additions, inventory and evidence about the deceased’s ownership before demanding procurement or delivery.

The legacy glossary entry explains the basic terms for an initial classification.

Read the legacy glossary entry →

How the wording distinguishes Sections 657 and 658 ABGB

A generic legacy describes items by their kind or class. The decisive addition concerns their origin. If the legacy is meant to come from the deceased’s property, Section 657 ABGB is the relevant starting point. The wording may refer to a collection, household items or other property belonging to the deceased.

If the property restriction is absent, Section 658(1) ABGB provides the other consequence. Where items of the named class are absent from the estate, the heir must procure them in a quality corresponding to the legatee’s needs. The origin of the items must therefore be classified before the claim is formulated.

What an incomplete inventory means under Section 657 ABGB

Section 657 ABGB distinguishes between the complete absence of property-bound items and a smaller number. If none of the required items is in the estate, the legacy is invalid under that provision. If some items are found, the legatee must accept the items available.

The inventory must therefore be compared with the will and the actual estate. For each item, record its precise description, location and information showing whether it belonged to the deceased. The quantity question remains separate from an express right to choose between specified items.

When the heir must procure missing items

The procurement duty in Section 658(1) ABGB requires that the will does not expressly make the items part of the deceased’s property and that the items are absent from the estate. The heir then owes an item of the named class in a quality corresponding to the legatee’s needs.

The practical review must describe the class, the required quality and the need in a traceable way. A phrase such as “several items” does not by itself answer which quality or version is owed. The request should connect the testamentary wording, the missing quantity and the required quality.

How the inventory determines the claim against the heir

The claim starts with a quantity comparison. Record the number named in the will, the items present in the estate and whether the wording ties the legacy to the deceased’s property. This shows whether Section 657 ABGB limits the legacy to items found or Section 658(1) ABGB requires procurement.

Under Section 657 ABGB, the legatee’s statement should address the items found and their delivery. Under Section 658(1) ABGB, the request may demand procurement of the missing items in the quality required by the legatee’s needs. The article on returning estate items deals with the classification and evidence of individual assets.

Which documents support the interpretation and quantity review

Place all wills, later additions and supplementary statements in a chronological file. Add the inventory, photographs, invoices, insurance documents, purchase records and evidence about ownership. The documents should show what was ordered, which quantity was intended and which items were found in the estate.

Arrange the evidence by item and quantity. Mark differences between the will, the inventory and the actual holdings. The probate proceedings focus explains the estate process. The inheritance dispute focus leads to further questions about claims, evidence and procedure.

The wording determines the consequence when items are missing. A property restriction leads to Section 657 ABGB and a limit to items found. A generic legacy without that restriction may trigger the heir’s procurement duty under Section 658(1) ABGB. Receive new articles and legal guidance through BRANDaktuelle Rechtsnews.
Frequent questions

Generic legacy, missing items and procurement

What happens if the estate contains fewer items than the will names? +
If the items are expressly meant to come from the deceased’s property, Section 657 ABGB limits the legatee to the items found.
Must the heir always buy missing items? +
A procurement duty under Section 658(1) ABGB may apply where the will does not expressly tie the items to the deceased’s property and the items are absent from the estate.
Which wording in the will matters for the distinction? +
The key issue is whether the wording ties the items to the deceased’s property. That question must be read together with the inventory and the other testamentary documents.
Which documents should I collect for the review? +
Collect the will and later additions, the inventory, photographs, invoices, purchase records and ownership evidence. Arrange the documents by item and quantity.
Can I immediately demand a particular replacement for missing items? +
That first depends on Section 657 or Section 658 ABGB and on the quality owed. Review the wording, quantity, estate holdings and the legatee’s needs before making the request.
Topics
Generic legacySection 657 ABGBSection 658 ABGBEstate inventoryProbate estate

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