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.
Disinheritance requires a statutory ground, such as a serious criminal offence against the deceased or the gross neglect of family duties.
Without a valid ground, the disinheritance is ineffective and the compulsory portion remains. Disinheritance is distinct from simply not mentioning someone in the will.
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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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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.
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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.
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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?
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