A full compulsory-portion claim is likely.
The compulsory portion amounts to half of the statutory share and is a monetary claim against the heirs.
Focus area
Compulsory portion
A minimum share for children and spouses, even after disinheritance. Quota, gift attribution, deferral and enforcement against the heirs.
Orientation
Are you entitled to a compulsory portion?
The compulsory portion secures close relatives a minimum share. Check in two steps whether a claim may apply.
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01 Question 1
What is your relationship to the deceased?
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Overview of all answers.
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Check the residual compulsory portion.
If you received less than half of your statutory share, you can claim the difference as a residual compulsory portion.
Compulsory portion likely satisfied.
If you receive at least half of your statutory share, the compulsory portion is generally covered. A check of the estate value is still worthwhile.
No compulsory-portion claim.
Only descendants as well as spouses or registered partners are entitled to a compulsory portion. Other relatives have none but may be statutory heirs.
The compulsory portion guarantees the closest relatives a minimum share of the estate, even if they were overlooked or disinherited in the will. We check whether you are entitled to a compulsory portion, how high it is and how to enforce it.
Under the Austrian Civil Code, the children (descendants) and the spouse or registered partner of the deceased are entitled to a compulsory portion. Parents have had no compulsory portion since the 2015 inheritance law reform.
Who gets how much
The compulsory portion amounts to half of what the beneficiary would receive under intestate succession. Decisive is the value of the estate at the time of death, increased by attributable gifts.
- Children and the spouse or registered partner are entitled
- The quota is half the intestate share
- The basis is the net estate plus gift attribution
Gifts and attribution
Gifts made by the deceased can increase the compulsory portion: gifts to entitled persons are attributed without a time limit, gifts to third parties within two years before death. An estate hollowed out by gifts can thus be replenished through the gift-based compulsory portion.
Deferral and reduction
The compulsory portion is generally payable in money. In certain cases the law allows deferral over up to five years, and in particularly deserving cases the court may extend this to ten years, so that a business or a property need not be broken up. Where there was no close relationship, the compulsory portion can also be reduced.
This page gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
Frequently asked questions
What clients often ask.
I was left out of the will, what can I do? +
As a child or spouse you are still entitled to the compulsory portion. However, you must actively assert it against the heirs. We check the amount, demand information about the estate and enforce your claim.
How quickly must I claim the compulsory portion? +
The claim is time-barred after three years from knowledge of the relevant circumstances, and at the latest after thirty years. Because the start of the period can be disputed, you should act early and seek advice.
Do lifetime gifts count? +
Yes. Gifts to entitled persons are attributed without a time limit, gifts to third parties within the last two years before death. This can increase your compulsory portion considerably.
Can the compulsory portion be withdrawn entirely? +
Only in the narrow cases of disinheritance, for example after serious misconduct against the deceased. Disinheritance must be ordered in the will and justified; we check whether it holds.
Related topics
This may also be relevant to you.
Inheritance dispute
Conflict over the estate: competing declarations of acceptance, the inheritance action and enforcing your position in probate.
Contesting a will
Defects of form and intent, lack of testamentary capacity, unworthiness and disinheritance. When a last will can be overturned.
Estate division and community of heirs
When several inherit together: administration, division agreement, division action and dealing with real estate in the estate.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000