An inheritance purchase requires a clear separation of price, known debts, estate assets and liability.
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.
Buying an inheritance share does not simply mean buying a flat or a bank account. The contract concerns a legal position in the estate and can raise questions about debts, unknown assets and later claims.
Sections 1278 to 1283 ABGB allocate the purchase object, liability, estate assets, management and warranties. This article addresses checks before and after signing, not the sale of one individual estate asset.
The assessment separates the purchase object, debts and later accounting.
Already know you want to get in touch? Go straight to the enquiry form.
The assessment separates the purchase object, debts and later accounting.
Under Section 1278 ABGB, an inheritance purchase concerns an inheritance that has fallen to or been accepted by the seller. An individual asset is therefore not automatically sold.
Review the inheritance share, the estate and the seller’s legal position together. The guide to selling an inheritance share helps with the first distinction.
Section 1278(1) ABGB also covers the seller’s liabilities as heir unless they are strictly personal. Under Section 1282 ABGB, estate creditors may continue to pursue both the buyer and the heir.
Classify each claim by legal basis, knowledge and contractual treatment. The guide to estate claims and heir liability sets out the relevant review.
Section 1280 ABGB allocates inheritance fruits and claims to the estate and recognises certain expenses, including paid debts, legacies, taxes, charges and court fees.
Keep a clear list of assets received and expenses paid. The deadlines and documents check supports the first review.
Under Section 1278(1) ABGB, the buyer acquires an inheritance that has fallen to or been accepted by the seller. The buyer enters the seller’s rights and, unless strictly personal, the seller’s liabilities as heir.
The purchase concerns the inheritance as a legal whole. An inheritance share must therefore be distinguished from a contract for real estate, a bank account or another individual estate asset. That distinction affects implementation and risk.
Section 1279 ABGB also excludes assets that belong to the seller for another reason, such as a pre-legacy or the seller’s own claim against the estate. The guide to selling an inheritance share explains the practical boundary.
Review open invoices, loans, public charges, litigation risks and obligations arising from legacies. A debt discovered later does not automatically produce one particular price adjustment. Contract terms, knowledge and statutory liability must be considered separately.
Under Section 1282 ABGB, estate creditors and legatees may pursue both the buyer of the inheritance and the heir. The sale does not change their rights. A price discussion therefore needs more than an estimate of the apparent asset value.
Before signing, prepare a schedule of known, disputed and unresolved items. The guide to estate claims and heir liability helps classify the legal basis and evidence for each claim.
Warranties should address specific facts the seller can reliably assess. Examples include known accounts, pending disputes, asserted claims and material dealings with estate assets.
Section 1283 ABGB distinguishes whether an inventory formed the basis of the sale. If it did, the seller is liable for that inventory. Without an inventory, the seller is liable for the accuracy of the stated inheritance right and for loss caused to the buyer through the seller’s fault. The meaning of an estate inventory in succession law should therefore be clarified in advance.
A broad promise that no further debts exist rarely fits an unclear probate file. Specific annexes, named information sources and a process for new findings are more useful. Before signing, the guide to reviewing an inheritance settlement draft supports the document review.
The contract should identify the inheritance sold, the price and the relevant records precisely. Under Section 1278(2) ABGB, an inheritance purchase is valid only in the form of a notarial deed or certification by a court record.
Useful annexes include an estate schedule, the inventory, known claims, pending proceedings, information received and expenses already paid. For every later finding, the contract should state who is informed and which record must be added.
Section 1280 ABGB allocates fruits and claims as well as certain expenses to the estate. An express accounting clause prevents the price, later estate assets and expenses from being mixed. The deadlines and documents check helps prepare the document file.
Record payments, new estate assets and debts continuously. Section 1280 ABGB includes paid debts, legacies, taxes, charges and court fees among the expenses that may be deducted from the estate where the statutory rule applies.
If the seller managed the estate before handover, Section 1281 ABGB makes the seller liable as another administrator. A handover record, bank statements, information requests and a chronology show which information was available and when.
Section 1282 ABGB leaves the rights of estate creditors and legatees unchanged by the sale. Before final accounting, read the contract together with the current estate position. The probate proceedings overview helps place the procedural status. Further updates are available through the firm newsletter.
The main distinctions at a glance.
| Question | First record | Next review |
|---|---|---|
| Clarify the scope | Inheritance contract and probate file | Distinguish the inheritance share, individual assets and the whole inheritance under Sections 1278 and 1279 ABGB. |
| Classify debt risk | Inventory and claims schedule | Review known and unknown liabilities and creditor rights under Section 1282 ABGB separately. |
| Set warranties | Inventory and annexes | Under Section 1283 ABGB, identify what the seller guarantees and which statements are evidenced. |
| Prepare accounting | Bank statements and payment records | Allocate assets and expenses under Section 1280 ABGB in a traceable way. |
Organise procedure, shares and estate records.
Joint use, management and division in context.
Price, liability and information before an inheritance purchase.
An initial orientation for records and next steps.
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