The right to information secures the calculation of the compulsory portion. Which records of accounts, gifts and valuations matter and where the right has limits.
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.
Anyone who claims a compulsory portion first needs clarity about the estate. Without reliable figures the claim cannot be calculated in a comprehensible way. For this reason the entitled person has a right to information that makes assets and certain gifts visible.
This article shows which records matter, how the information secures the calculation of the compulsory portion and where the right has limits. It does not replace advice in an individual case but provides orientation for the further approach.
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The answer sorts which step to secure your compulsory portion makes sense first.
As an entitled person you have a right to information about the estate. Only with records of accounts, valuations and contracts can the compulsory portion be determined in a comprehensible way. Request the information clearly and in a way that can be evidenced.
This creates the basis for a sound calculation instead of a guess in the dark.
Lifetime transfers can affect the compulsory portion through the crediting of gifts. Gift contracts, valuations and evidence as at the time of the transfer matter. The right to information also extends to such matters.
With these records you can examine whether a gift is to be included in the calculation.
Where the situation is largely clear, it is about the clean calculation of the compulsory portion. Check whether all relevant records are present and whether the crediting of gifts has been taken into account. Gaps should be closed by targeted follow-up requests.
A calculation backed by records creates the basis for a clear position.
The right to information serves to make it possible to put a figure on the compulsory portion at all. It extends to the state of the estate as at the date of death and to certain lifetime transfers that matter for the calculation. The aim is a comprehensible picture of assets and liabilities.
In this way the information becomes the basis of a sound calculation. Anyone who asserts the right should name concretely which records they need, so that the information does not come to nothing.
What matters above all are account statements and asset listings, valuations of real property and other values, and gift contracts. These documents show which assets were present and whether transfers were made that flow into the calculation.
Records on the crediting of gifts have particular importance. They show whether and in what amount lifetime gifts affect the compulsory portion. If such evidence is missing, the calculation remains incomplete.
The right reaches as far as is necessary for the calculation of the compulsory portion. It is not a general right to inspect all personal affairs of the deceased. Anyone who requests information should make clear the connection to the calculation.
In practice it comes down to requesting the right records concretely and in a way that can be evidenced. In this way the right stays enforceable and the calculation rests on a secured basis.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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