Checklist

Check compulsory portion and gifts

Anyone entitled to a compulsory portion should prepare their own claim and possible lifetime gifts in an orderly way. This checklist guides you through the basis of the claim, estate values, gifts, rights to information and deadlines.

The compulsory portion secures close relatives a minimum share of the estate, even if a will passes them over. In Austria the children as well as the spouse or registered partner are entitled to a compulsory portion. The compulsory portion is a monetary claim against the estate or the heirs.

The question of lifetime gifts is important. Certain transfers are added to the basis of assessment so that the compulsory portion is not hollowed out by gifts. Different deadlines apply here for persons entitled to a compulsory portion than for other recipients.

This checklist is a guide from us as the team of BRANDAUER Rechtsanwälte. It does not replace a calculation in the individual case or legal advice. It helps you to structure your claim and to ask the right questions.

Work through the points step by step. You can tick off each point; the status is saved on your device. The buttons let you print or reset the list.

What matters legally

The compulsory portion secures the children as well as the spouse or registered partner a minimum share of the estate (§§ 756 ff ABGB). It is in principle half of the statutory share of inheritance and is a monetary claim, not a claim to specific items. The basis of assessment is the value of the estate at the time of death.

Lifetime gifts can be added to the basis of assessment (§§ 781 ff ABGB) so that the compulsory portion is not hollowed out by transfers. For persons who are not entitled to a compulsory portion, the add-back is in principle limited to gifts within the last two years before death. For entitled persons the set-off can take place without a time limit.

The compulsory portion claim is time-barred after three years under § 1487a ABGB. Entitled persons have rights to information and inspection in order to clarify the basis of assessment. Whether a claim exists and how high it is depends on the specific financial and family situation.

This checklist is a general guide to the Austrian legal position (as of June 2026) and makes no claim to completeness or legal certainty. It does not replace a calculation in the individual case or advice. Whether and at what amount a compulsory portion exists depends on the individual case.

Going deeper

Matching tools and checklists

Compulsory portion: initial assessment

Clarify roughly whether and to what extent a compulsory portion claim may come into question.

Inheritance dispute: deadlines and documents

Get an overview of the important deadlines and the documents you need after a death.

Inheritance dispute after a death

The checklist for the first weeks after a death when conflict over the estate looms.

Your contact

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.