Put the evidence in order first.
Secure documents with date, origin and context. Only then can it be assessed whether the suspicion is legally sustainable.
Compulsory portion
Hereditary farm and compulsory portion in an inheritance dispute
In hereditary farm cases, special succession rules, compulsory portion and family settlement meet. Farm value, records and equalisation matter.
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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.
29 June 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
A hereditary farm is not an ordinary estate asset. Disputes often turn on whether a farm was transferred, assigned to a successor or correctly valued for the compulsory portion.
This article explains why farm value, operation and family arrangements must be considered together. It is not a general guide to Anerbenrecht, but focuses on the dispute.
Initial assessment
Which track matters in this inheritance dispute?
This short decision tree does not replace advice. It helps to sort evidence, valuation and next steps.
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Which point is currently unclear in your case?
Choose the statement that comes closest to your situation.
All paths at a glance
Overview of all answers.
Focus: Compulsory portion →
Do not examine valuation in isolation.
Valuation issues depend on the estate, encumbrances and the specific legal basis. An expert valuation does not replace legal assessment.
Deadlines and preservation before tactics.
Where deadlines are running or assets are at risk, preservation should be examined first. Settlement talks do not replace reliable deadline control.
Why farm value is especially prone to dispute
Why farm value is especially prone to dispute
Market value alone does not answer every question. For farms, earning capacity, encumbrances, investments and continuation ability can matter.
Anyone claiming a compulsory portion should examine which valuation basis was used and whether counter-performance or debts were included.
Which records structure the dispute
Which records structure the dispute
Transfer agreements, land register extracts, business records, subsidy records and expert valuations are important. Earlier family arrangements can also shape the negotiating position.
Without records, the farm dispute quickly becomes a mere accusation. A clear list is better: what is proved, what is missing and which question must an expert answer?
Boundary to general Anerbenrecht
Boundary to general Anerbenrecht
This article does not cover Anerbenrecht as a whole. The focus is the conflict between farm successor, outgoing heirs and persons entitled to a compulsory portion.
For compulsory portion issues, the compulsory portion focus page remains important. Procedural questions belong with probate proceedings.
How a family settlement becomes workable
How a family settlement becomes workable
A settlement can preserve the farm and clarify claims at the same time. Value, payment terms, securities and deadlines should be set out in writing.
Unclear instalments, unsecured promises or missing valuation foundations often lead to the next dispute.
In a hereditary farm case no amount should be accepted before valuation basis, encumbrances and counter-performance are traceable.
Frequent questions
Hereditary farm and compulsory portion in an inheritance dispute
Must a hereditary farm always be valued at market value? +
Not necessarily. Relevant valuation questions depend on special rules, operation and claim. The specific basis must be examined.
Can an outgoing heir claim equalisation? +
That may be possible. Position, compulsory portion, earlier transfers and the specific farm arrangement are decisive.
Is a private valuation enough? +
A private valuation can help, but it does not decide the dispute by itself. It must fit the legal claim.
Topics
Hereditary farmCompulsory portionAnerbenrechtValuation
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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