Review substitute heirship first.
Section 604 ABGB allows substitute heirs to be appointed. Substitute heirs take priority over persons entitled by accretion under section 560 ABGB. The exact wording of the will therefore comes first.
Inheritance dispute
Substitute heir and accretion: who receives the freed inheritance share?
If an appointed heir drops out, the will, substitute heirship and accretion determine who receives the freed share.
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Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
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14 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 9 July 2026
When an appointed heir drops out, an inheritance dispute quickly turns to the question who receives the freed share. Substitute heir, accretion and statutory succession are not interchangeable concepts. Their order can decide substantial estate value.
This article explains the Austrian dispute scenario. It focuses on section 560 ABGB on accretion and sections 604 to 607 ABGB on substitute heirship. For general context see the article on statutory succession without a will.
Classify the share
Who should receive the freed inheritance share?
A short assessment shows which document and legal consequence should be reviewed first.
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What happened to the appointed heir?
The reason why the heir drops out affects substitute heirship, accretion and statutory succession.
All paths at a glance
Overview of all answers.
Focus: Contesting a will →
Accretion is a secondary step.
If no substitute heir is appointed, the freed share may accrue to the remaining appointed heirs under section 560 ABGB. If accretion does not apply, the share passes to statutory heirs.
Unclear dispositions need careful interpretation.
Where substitution or subsequent heirship is unclear, section 614 ABGB calls for an interpretation that least restricts the heir’s freedom of disposition. This should be clarified before a quick settlement.
Why a dropout of an heir creates conflict
Why a dropout of an heir creates conflict
An heir may drop out because they died first, disclaim, cannot inherit or because an appointment is ineffective. For the remaining participants, personal closeness to the deceased is not enough. The replacement mechanism in the will is decisive.
Where several heirs were appointed, the freed share may accrue to the others. But this is only relevant if no prior substitute heir applies. This is where families often read the same will differently.
When substitute heirs take priority over accretion
When substitute heirs take priority over accretion
Section 604 ABGB allows the deceased to appoint substitute heirs if an appointed or statutory heir does not obtain the inheritance. The statute expressly gives substitute heirs priority over those entitled by accretion.
In practice this means: first check whether the will expressly names a replacement or whether a legal presumption may matter. Only if that review leads nowhere does accretion under section 560 ABGB become central.
Which records support interpretation
Which records support interpretation
Relevant records include the original will, amendments, drafts, notarial files, earlier wills and correspondence concerning the making of the will. The family situation at the time of drafting may also explain the wording.
A person who accepts a share too quickly may weaken a prior substitute claim. Interpretation should therefore be documented before heirs discuss payment, sale or division.
Do not merge substitute heirship and accretion. Interpret the will first, then recalculate the inheritance shares.
Frequent questions
Substitute heir, accretion and will
Does a substitute heir take priority over accretion? +
Yes. Section 604 ABGB states that substitute heirs take priority over persons entitled by accretion under section 560 ABGB.
What happens if no substitute heir is appointed? +
The freed share may accrue to the remaining appointed heirs. If that does not apply, it passes to the statutory heirs.
Can interpretation resolve the dispute? +
Often yes. Wording, structure and provable circumstances matter. Without records, a settlement remains risky.
Topics
Substitute heirAccretionWillInheritance disputeEstate share
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