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First review which legal position actually exists. Documents, procedural stage and the specific role in the estate are decisive.
Without this basis, no robust next step can be set.
Estate
Statutory legacy of the spouse: home and household in an inheritance dispute
The statutory legacy protects spouses in relation to home and household. Where disputes with heirs arise and which records matter.
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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.
5 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
Statutory legacy of the spouse: home and household in an inheritance dispute is usually not only a legal issue, but also a question of managing a family conflict. Securing documents early and clarifying the correct legal basis avoids expensive detours.
This article explains typical dispute points under Austrian law and indicates which next step may be sensible. It does not replace advice in an individual case, but helps with initial orientation.
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Focus: Probate proceedings →
Secure documents and values
Collect available documents and mark gaps. In inheritance disputes, the decisive point is often not first impression but provable facts.
Address the dispute in structure
If the other side objects or delays, the demand should be specific and evidenced. General allegations sharpen the conflict without improving the position.
What the statutory legacy protects in practice
What the statutory legacy protects in practice
The statutory legacy under § 745 ABGB is designed to secure the surviving spouse or registered partner’s existing living basis. In practice, the dispute often concerns the home, household items and what is needed to continue the household.
Conflict arises when co-heirs treat items as ordinary estate assets or seek to restrict use of the home. A clear distinction between the personal claim and general estate division is required.
Where it differs from heirship and compulsory portion
Where it differs from heirship and compulsory portion
The statutory legacy is not simply an additional inheritance share. It has its own function and may exist alongside other claims. Parties should review not only quotas, but specific assets and rights of use.
Other persons’ compulsory portions may also be affected if values are unclear. Transparent valuation reduces later escalation.
Which records help in a dispute
Which records help in a dispute
Residence records, lease or ownership documents, inventories, photographs and evidence of shared household management are useful. The better the use before death is documented, the clearer the legal classification becomes.
If estate real estate is involved, running costs and a temporary agreement should also be reviewed.
With the statutory legacy, parties should not speak only about shares. The decisive issue is the specific living situation to be protected and how other claims fit around it.
Frequent questions
Statutory legacy of the spouse: home and household in an inheritance dispute
Does the statutory legacy apply automatically? +
It arises from statute, but in a dispute it must be applied specifically to the home, household and previous way of living.
Can it affect compulsory portion claims? +
Yes, if values or items are disputed. Valuation and legal basis should then be documented cleanly.
What should spouses secure? +
Documents on the home, household management, costs and use before death are especially important.
Topics
Statutory legacySpouseHouseholdProbate
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