Review legacy reduction
Before reducing a legacy, assets, debts and other legacies must be recorded.
Inheritance dispute
Legacy and compulsory portion: when the estate cannot satisfy every claim
When the estate cannot satisfy legacies and the compulsory portion, priority, reduction and value must be reviewed together.
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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.
30 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 27 July 2026
An estate may be too small to satisfy every legacy and compulsory portion in full. It is not enough to view one promise in isolation. The estate value, debts and legal position of each person must first be organised.
Section 692 ABGB addresses reduction of legacies where the estate is insufficient. This article separates legacy claims, compulsory portions and heir liability.
Succession assessment
What type of claim is involved?
The assessment separates a legacy, a compulsory portion and missing estate value.
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What type of claim is involved?
The assessment separates a legacy, a compulsory portion and missing estate value.
All paths at a glance
Overview of all answers.
Review legacy →
Calculate the compulsory portion separately
A compulsory portion is not a legacy and follows its own calculation.
Secure value and records
Without a reliable estate inventory, priority remains uncertain.
A legacy and a compulsory portion are different
A legacy and a compulsory portion are different
A legacy generally gives the legatee a claim against the burdened heir. The compulsory portion protects a statutory minimum for close relatives.
Both claims must be calculated separately. Treating a legacy as an advance compulsory portion can misclassify the parties and the reduction rules.
How an insufficient estate becomes visible
How an insufficient estate becomes visible
Assets, estate debts, funeral costs and payments already made should be put into one overview. Only then can an actual shortfall be identified.
The valuation date also matters. Real estate, interests, insurance and prior transfers should not be merged into one unsupported total.
What reduction requires
What reduction requires
For several legacies, wording, burden, value and statutory reduction rules should be reviewed. A private priority order not found in the will does not replace the legal analysis.
At the same time, a compulsory portion cannot be reduced merely by referring to legacies. Its own calculation and any crediting belong in a separate schedule.
How to prepare a solution
How to prepare a solution
A useful schedule states the claim, claimant, value, due date and available evidence. It can support discussions about instalments or an agreed adjustment.
Before making statements to several claimants, review the estate as a whole. Further updates are available through the firm newsletter.
Claim and review
What must be reviewed separately
The main distinctions at a glance.
| Question | First record | Next review |
|---|---|---|
| Review legacy reduction | Probate proceedings | Before reducing a legacy, assets, debts and other legacies must be recorded. |
| Calculate the compulsory portion separately | Estate division and community of heirs | A compulsory portion is not a legacy and follows its own calculation. |
| Secure value and records | Deadlines and documents check | Without a reliable estate inventory, priority remains uncertain. |
Inheritance disputes turn on the complete document chain. Broad assumptions about shares, value or liability often lead in the wrong direction.
Frequent questions
Legacy and compulsory portion: when the estate cannot satisfy every claim
Is a legacy automatically deducted from the compulsory portion? +
That depends on the transfer and the compulsory portion calculation. The legacy and compulsory portion must first be identified separately.
What if there is no cash to pay a legacy? +
Estate value, debts and statutory reduction rules must be reviewed. A general refusal to pay does not answer the issue.
Who must prove the estate value? +
That depends on the claim and proceedings. Records, valuations and an organised inventory provide the basis.
Topics
LegacyCompulsory portionReductionEstate valueInheritance dispute
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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