Secure claim basis.
Successors should secure date of death, kinship, estate values and previous correspondence. Without structured records, even an acquired claim becomes difficult to pursue.
Compulsory portion
Inherited compulsory portion claim: when the beneficiary dies later
If a beneficiary dies after the first death, successors must review claim, maturity, evidence and limitation risk.
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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.
10 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 July 2026
A compulsory portion claim can still matter if the beneficiary dies after the original deceased person. ABGB section 765 states that the beneficiary acquires the claim for themselves and their successors at the death of the deceased. The practical question then is who pursues the claim and which records are needed.
This article is not a general calculation guide. For that, see the compulsory portion tool and the article on estate debts and funeral costs. Here the focus is the successor situation after the beneficiary dies.
Secure claim
What should successors review for the compulsory portion?
The assessment separates acquisition, due date and settlement strategy.
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What is the successor situation?
The answer shows the next useful step.
All paths at a glance
Overview of all answers.
Focus: Compulsory portion →
Review negotiation status.
If settlement talks had already started, correspondence, offers and possible limitation effects need a separate review. Memories of oral talks are not enough.
Coordinate successors internally.
The heirs of the beneficiary should decide who pursues the claim and which settlement line is acceptable. Otherwise the claim creates another inheritance dispute.
When the compulsory portion claim passes to successors
When the compulsory portion claim passes to successors
ABGB section 765 paragraph 1 links acquisition of the compulsory portion claim to the death of the deceased. The claim may therefore enter the estate of the beneficiary who dies later.
Practically, successors must understand both estates. They review the first death, the beneficiary status and the stage of any prior claim activity.
Why due date and limitation must be separated
Why due date and limitation must be separated
The due date of the monetary compulsory portion is separate from the acquisition of the claim. ABGB section 765 paragraph 2 concerns when payment can be demanded.
Successors should secure letters, settlement talks and time limit notes. The article on limitation during settlement talks shows why details matter.
Which documents successors should prepare
Which documents successors should prepare
Useful records include death certificates, probate files, estate inventory, gift indications, previous demand letters and settlement drafts.
Where several successors are involved, communication authority and full document sharing should be clarified early. Otherwise a compulsory portion matter becomes a second inheritance dispute.
Successors should not treat an inherited compulsory portion claim as a family rumour. Without files, time limits and authority, a viable claim may become practically weak.
Frequent questions
Inherited compulsory portion claim
Can a compulsory portion claim be inherited? +
Under ABGB section 765, the beneficiary acquires the claim for themselves and their successors at the death of the deceased. Documents decide the concrete case.
Must successors calculate the compulsory portion again? +
They should review claim basis, estate values, debts, gifts and previous procedural status. Simply reusing old figures is risky.
What if settlement talks were pending? +
Correspondence, offers and limitation effects become especially important. Successors should review the status before making further statements.
Topics
Compulsory portionSuccessorsDue dateLimitationInheritance dispute
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