Clarify disclosure and values first.
The compulsory portion is a monetary claim. Without estate overview, valuations and information on gifts, it is difficult to assess whether an offer is durable.
Compulsory portion
Out-of-court compulsory portion settlement, disclosure, limitation and lawsuit risk
An out-of-court compulsory portion settlement is durable only when disclosure, valuation, gifts and limitation are reviewed.
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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.
20 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 16 July 2026
A compulsory portion settlement is attractive because it can avoid court, cost risk and family escalation. It becomes risky when disclosure, valuation or limitation remain open.
This article is narrower than the general article on reviewing an inheritance settlement draft. It focuses on the monetary claim, estate values, gifts and when action may be needed.
Compulsory portion settlement
What blocks the settlement?
This separates disclosure, valuation and litigation risk.
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What blocks the settlement?
This separates disclosure, valuation and litigation risk.
All paths at a glance
Overview of all answers.
Right to information →
Review gifts and records separately.
Broad wording such as everything settled can be risky if new assets or gifts appear shortly afterwards.
Secure limitation and action option.
If disclosure is refused, values are obviously missing or the other side is only buying time, the action option must be reviewed. Section 1487 ABGB makes limitation a real risk.
Why disclosure matters before the number
Why disclosure matters before the number
The compulsory portion is a monetary claim. Without estate overview, valuations and information on gifts, it is difficult to assess whether an offer is durable.
Section 765 ABGB may matter for timing and maturity. It must not be confused with the amount of the compulsory portion.
Which points belong in the settlement
Which points belong in the settlement
A settlement should clearly regulate payment, maturity, disclosure, known and unknown gifts, costs, confidentiality and final effect.
Broad wording such as everything settled can be risky if new assets or gifts appear shortly afterwards.
When settlement talks are not enough
When settlement talks are not enough
If disclosure is refused, values are obviously missing or the other side is only buying time, the action option must be reviewed. Section 1487 ABGB makes limitation a real risk.
Settlement talks should therefore be documented. Their effect on deadlines should not be assumed.
How to prepare a robust agreement
How to prepare a robust agreement
A useful sequence is disclosure, valuation, legal minimum position, negotiation range and written draft settlement.
The clearer the records, the more likely a solution will last instead of being challenged or renegotiated months later.
A compulsory portion settlement should not only state the amount. Disclosure, valuation, gifts, deadlines and final effect must be clear.
Frequent questions
Out-of-court compulsory portion settlement
Can the compulsory portion be settled without court? +
Yes, if claim, estate value, gifts and deadlines are sufficiently clear. Otherwise a premature settlement can be risky.
Which disclosure do I need before signing? +
Estate values, debts, gifts, valuation records and clear information on heirs payment ability are important.
When should action be reviewed? +
When disclosure is refused, limitation is close or an offer is clearly below the defensible minimum position.
Read on
Related articles and tools
Right to information
The compulsory portion is a monetary claim. Without estate overview, valuations and information on gifts, it is difficult to assess whether an offer is durable.
Compulsory portion limitation
If disclosure is refused, values are obviously missing or the other side is only buying time, the action option must be reviewed. Section 1487 ABGB makes limitation a real risk.
Compulsory portion assessment
A useful sequence is disclosure, valuation, legal minimum position, negotiation range and written draft settlement.
Topics
Compulsory portion settlementDisclosureLimitationSettlementCompulsory portion
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