Prove income specifically.
Rent, interest and other benefits should be documented by period. Without figures and timeframe, a compensation claim remains vague.
Inheritance dispute
Wrong heir used estate assets: compensation and inheritance action
If a wrong heir used estate assets, use, compensation, evidence and inheritance action must be reviewed separately.
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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.
4 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 13 July 2026
Sometimes a person is treated as heir in probate and later it turns out that this position does not stand. The issue is then not only who the heir is. Rent, account withdrawals, use of assets and consumed estate items also matter.
This article places claims under ABGB sections 823, 824 and 839 in disputes involving a wrong heir. It is distinct from the article on inheritance action after devolution and focuses on use, compensation and evidence.
Review use
What to do after use by a wrong heir?
A short orientation helps separate delivery, compensation and inheritance action.
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Which use of estate assets is at issue?
The answer shows which evidence and claims should be secured first.
All paths at a glance
Overview of all answers.
Return of estate items →
Separate consumption and compensation.
For consumed estate assets, it matters who had access, when and which value was affected. Evidence should be secured quickly.
Align inheritance action and compensation.
If heirship itself is disputed, the claim strategy must match the procedural stage. Compensation questions then connect closely with the inheritance action.
Why wrong heirship affects benefits from assets
Why wrong heirship affects benefits from assets
ABGB sections 823 and 824 concern succession based delivery and the consequences where someone possesses the inheritance although the legal position later fails. In practice, this often concerns benefits, fruits, rent or account withdrawals.
The rightful heir should not only prove heirship but also document which assets the other person actually used. Otherwise later compensation is difficult to quantify.
Which estate assets are especially evidence sensitive
Which estate assets are especially evidence sensitive
Cash, bank accounts, jewellery, art, vehicles, rent income and digital assets are particularly sensitive. For real estate, lease agreements, operating cost statements and management records matter.
The earlier bank records, contracts, photos and handover notes are secured, the easier it becomes to distinguish permitted administration, use and unlawful consumption.
How compensation claims are prepared factually
How compensation claims are prepared factually
Compensation requires a traceable calculation. This includes period, affected item, benefit or consumption, value at the time and any counterevidence.
Broad allegations rarely help. A table of individual positions linked to evidence and procedural stage is usually stronger.
How inheritance action and delivery interact
How inheritance action and delivery interact
If devolution has already occurred, an inheritance action may become relevant. Delivery and compensation for specific estate assets can be prepared alongside it.
The article return of estate items addresses physical delivery. Here the additional focus is use and compensation.
Where a wrong heir used assets, evidence organisation decides the practical strength of the claim. Value, period, access and benefit should be documented.
Frequent questions
Wrong heir and use of estate assets
Can the rightful heir claim rent? +
That depends on heirship, period and evidence. Rent and other income should be documented precisely.
What if estate items were consumed? +
Value, access and consumption must be proven. Compensation must be reviewed separately from delivery.
Do I need an inheritance action first? +
If heirship is disputed or a wrong devolution occurred, the strategy must be aligned with the inheritance action.
Topics
Wrong heirInheritance actionEstate useCompensationEvidence
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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