Document the claim and the testamentary instruction.
Start with the will, the underlying contract or title and the account records. This shows which claim the deceased held against the third party.
Will
Legacy of a claim: assignment to the beneficiary with continuing interest
A legacy of a claim is fulfilled by assigning the claim to the beneficiary. Section 664 ABGB also covers accrued and continuing interest.
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Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
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17 September 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 7 September 2026
A will may give a beneficiary a claim that the deceased held against a third party. This is a legacy of a claim. The heir must assign the claim to the legatee.
Section 664 ABGB expressly includes accrued and continuing interest. This article explains which claim is covered, how assignment differs from a simple cash payment and a release of debt, and which records matter for administration. For the general protection of a cash legacy, see the related guide.
Classify the claim
What should be reviewed in a legacy of a claim?
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What should be clarified first in a legacy of a claim?
The answer shows whether evidence, the third-party debtor, or assignment and interest come first.
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Overview of all answers.
Glossary: Legacy →
Separate the debtor’s objections from the legacy.
Identify whether the third-party debtor disputes existence, amount or maturity. These issues concern the claim itself and should be documented separately from the testamentary gift.
Prepare the assignment together with interest.
For a legacy of a claim, assignment is the central step. Include accrued and continuing interest because section 664 ABGB expressly refers to both.
Which claim the will covers
Which claim the will covers
A legacy of a claim concerns a claim held by the deceased against a third party. That third party is the debtor of the claim. The underlying right may arise from a loan, an unpaid invoice or another legal basis, provided it belonged to the deceased.
The testamentary instruction and the records for the claim should be read together. The debtor, legal basis, amount and account status are important. A heading in the will cannot resolve an unclear description by itself.
What the heir has to assign
What the heir has to assign
Under section 664 ABGB, the heir must assign the bequeathed claim to the legatee. The beneficiary therefore receives the claim against the third party as the subject of the testamentary gift. The administration should be organised around transferring that legal right.
The statutory rule also covers accrued and continuing interest. The records should therefore show the amount still outstanding, the interest accrued by a relevant date and the interest that may continue to accrue. The rate and maturity depend on the legal basis of the claim and the available evidence.
Distinguishing assignment, cash payment and debt release
Distinguishing assignment, cash payment and debt release
An assignment transfers an existing claim against a third party to the beneficiary. The third-party debtor remains the person from whom performance is sought. The heir performs the relevant task by transferring the claim as an asset right.
A simple cash payment has a different subject. It concerns a sum paid from the estate. A release of debt benefits the debtor because the claim is waived or reduced. Confusing these transactions can lead to a wrong reading of the will and the steps that follow.
Which records and risks require separate review
Which records and risks require separate review
For the assignment, collect the will and amendments, the contract or other legal basis of the claim, account statements, payment records and correspondence with the third-party debtor. This makes the claim and the interest history traceable.
The solvency of the third-party debtor is a separate practical issue. Assigning the claim does not answer whether the debtor can pay. Solvency, objections and available security should therefore be reviewed separately from the interpretation of the legacy.
A legacy of a claim transfers an existing right. Section 664 ABGB covers the claim together with accrued and continuing interest.
Frequent questions
Legacy of a claim and interest
What is a legacy of a claim? +
The deceased leaves a claim against a third party to a legatee. The heir must assign that claim to the legatee.
Does interest belong to the legacy of a claim? +
Section 664 ABGB expressly refers to accrued and continuing interest. The interest history and rate must be reviewed using the legal basis and the records.
Is assignment the same as paying a cash legacy? +
No. Assignment transfers a claim against a third party. Payment concerns a sum paid from the estate.
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Topics
Legacy of a claimLegacyAssignmentInterestThird-party debtor
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