Erbrecht
by Brandauer RA
Glossary

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.

In brief

Gifts to persons entitled to a compulsory portion are generally credited without a time limit. Gifts to other persons are taken into account only if they were made within two years before death.

Crediting increases the basis on which the compulsory portion is calculated. If the estate is insufficient, the claim may be directed against those who received the gifts.

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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.

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