Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
In Austria, descendants and the surviving spouse or registered partner are entitled to a compulsory portion. The law guarantees them a minimum value even if they were passed over in the will.
The claim is directed at money rather than at specific objects. What matters is the value of the estate at the time of death, whereby certain gifts may be added (see crediting of gifts).
More on erbschaftsstreit.at
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation 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.
-
Reduction of the compulsory portion
This allows the compulsory portion to be reduced by half where, over a long period, there was no close relationship between the deceased and the person entitled.
-
Crediting of gifts
When crediting gifts, certain gifts made by the deceased are added back to the estate for the purpose of calculating the compulsory portion. This prevents the portion from being hollowed out.
-
Disinheritance
Disinheritance deprives a person otherwise entitled to a compulsory portion of that portion. It is permitted only on the serious grounds listed in the law and must be ordered by will.
-
Statutory succession
Statutory succession governs who inherits when there is no valid will. It allocates the estate by lines of descent and the position of the surviving spouse.
-
Will
A will is a unilateral declaration of how a person’s assets should be distributed on death. It takes precedence over statutory succession but must observe strict formal requirements.
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.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000