After a judgment upholding the inheritance claim, Section 824 ABGB guides the treatment of fruits, expenses, costs and a good-faith third-party purchaser.
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.
A judgment upholding the inheritance action resolves the dispute over heirship. The estate must then be accounted for in separate positions: Which fruits were received, which expenses and costs were paid, and what happened to estate items acquired by a third party in the meantime?
Section 824 ABGB provides a specific framework for these questions. The return of received fruits and reimbursement of expenses and costs follow the rules for possessors in good or bad faith. A third-party purchaser in good faith is not responsible to anyone for estate items acquired in the meantime. The article on the inheritance action after devolution addresses the prior question of heirship.
A short orientation separates fruits, expenses and the protection of a good-faith third party.
Already know you want to get in touch? Go straight to the enquiry form.
The answer shows which documents and which consequence under Section 824 ABGB should be reviewed first.
Arrange rent, interest or other received fruits by asset and period. Section 824 ABGB refers the return of fruits to the rules for possessors in good or bad faith.
The article on the wrong heir using estate assets helps with the first evidence review.
Record each payment with its date, amount, reason and connection to the estate. Whether and to what extent it is reimbursable follows the possession rules referred to by Section 824 ABGB.
The deadlines and documents check supports the first organisation of the file.
Section 824 ABGB does not hold a third-party purchaser in good faith responsible for estate items acquired in the meantime. Record the purchaser, item, acquisition date and circumstances relevant to good faith separately.
The article on returning estate items provides the appropriate comparison for the item itself.
Section 824 ABGB applies where the defendant is ordered to return the estate in whole or in part. The return of fruits received by the defendant and reimbursement of expenses and costs are assessed under the principles set for possessors in good or bad faith.
The further accounting therefore depends on the concrete possession status. The judgment on heirship supplies the starting point. Each position must then identify the asset, period, use or payment and the circumstances that matter for the possession rules.
Fruits are benefits that may arise from an estate asset. Depending on the facts, they may include rent, interest or another identifiable benefit. The accounting must connect the benefit to the specific asset and the relevant period.
Section 824 ABGB does not impose a blanket return of every alleged benefit. The possession rules distinguish between good-faith and bad-faith possession. The accounting should therefore state when possession existed, what the possessor knew and how the benefit is supported, rather than stating a figure alone.
Secure leases, statements, bank records and other income evidence. The article on the wrong heir using estate assets places evidence collection for use and consumed estate values in context.
Section 824 ABGB assesses expenses and costs under the principles of possession law as well. A payment becomes reviewable through its concrete allocation. Record its date, amount, recipient, reason and connection to an estate asset or estate administration.
Separate ongoing payments from benefits and assign every position to the period of possession. An invoice alone does not answer whether reimbursement is available in the claimed form. The possession status and circumstances of the payment remain decisive.
A chronological evidence file makes the review easier. The deadlines and documents check supports the first organisation of the documents, but it does not replace a case-specific review of the possession rules.
The final sentence of Section 824 ABGB protects a third-party purchaser in good faith. A person who acquired an estate item in good faith in the meantime is not responsible to anyone for it. This consequence concerns the third-party purchaser and differs from the accounting with the defendant ordered to return the estate.
Four points must therefore fit the statutory situation: there must be a third party, the acquisition must have taken place in the meantime, the object must be an estate item and the purchaser must have acted in good faith. If one of these elements is missing or uncertain, the protection should not be assumed prematurely.
Document the purchase agreement, handover, acquisition date, consideration and the information available to the purchaser about the right to dispose of the item. The article on returning estate items helps separate the item claim from the special third-party rule in Section 824 ABGB.
Bring together the judgment, the estate schedule and a possession timeline. The file should also contain bank records, lease or use agreements, income statements, invoices, payment records and correspondence concerning the estate items.
For a possible third-party acquisition, add the acquisition and handover documents. The file should show which asset is involved, who possessed or acquired it and which facts support good faith. This keeps fruits, expenses and the third-party acquisition available for separate review.
Classifying possession is a legal question that depends on the facts. The probate proceedings focus explains the Austrian probate framework. The inheritance dispute focus leads to further questions about claims, procedure and evidence.
The prior review of heirship after probate proceedings.
Use, compensation questions and evidence in a disputed heirship case.
Delivery and proof concerning individual estate items.
The Austrian probate framework, declarations and documents.
Claims, evidence and next steps in an inheritance dispute.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000