Your compulsory portion is likely affected.
As a close relative you are entitled to the compulsory portion even if a will passes you over. It is a monetary claim against the heirs.
Focus area
Inheritance dispute
Conflict over the estate: competing declarations of acceptance, the inheritance action and enforcing your position in probate.
Orientation
How can we help with your inheritance dispute?
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Compulsory portion unlikely, check other routes.
Only children as well as spouses or registered partners are entitled to a compulsory portion. As a more distant relative other routes apply, such as statutory succession or a legacy.
Check the validity of the will.
A will may be invalid, for example due to formal defects, lack of testamentary capacity or undue influence. Any challenge is time-barred.
Dispute within the community of heirs.
As long as several heirs hold the estate jointly, an agreement or a division is needed. If matters are blocked, an action for division helps.
Review the will and possible claims.
With a valid will your rights follow its content. Even so, a compulsory portion may remain.
Statutory succession applies.
Without a will, statutory succession applies: first children and the spouse, then further relatives. The probate proceedings determine who inherits.
An inheritance dispute arises when several people claim the same estate, or when an heir has to assert their position against co-heirs, overlooked relatives or the probate court. We clarify who really inherits and represent you in the proceedings and in court.
Under Austrian law the estate is not distributed automatically. It is handled in a court-led probate procedure and finally devolved to the heirs. Whoever makes the right declarations early and secures the evidence stands much stronger in the dispute.
How an inheritance dispute arises
Disputes usually ignite over a few points: an unclear or duplicated will, suspected lack of testamentary capacity, overlooked persons entitled to a compulsory portion, or gifts the deceased made during their lifetime.
- Competing declarations of acceptance by several people
- Doubts about the form or authenticity of a will
- Conflict over valuation and division of the estate
- Attribution of gifts and advances
The inheritance action
If several people submit competing declarations of acceptance, the probate court allocates the procedural roles and refers the dispute over the right to inherit to the contentious courts. In the inheritance action, the party assigned the claimant role must prove their title.
Until the decision, devolution is suspended. It is therefore important to prepare your own position cleanly within the proceedings, from the declaration of acceptance to the presentation of evidence.
What you should secure early
Secure all wills and testamentary dispositions in the original, along with indications of the deceased’s state of health, gift records and account documents. The earlier the evidence is in place, the more likely a dispute can be won or ended with a favourable settlement.
This page 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.
Frequently asked questions
What clients often ask.
There are several wills, which one applies? +
In principle the most recent formally valid will applies, provided the deceased had testamentary capacity. A later will only revokes an earlier one to the extent that it contradicts it. Which disposition ultimately counts is often the core of the dispute.
How long does an inheritance dispute take? +
The probate procedure itself often takes several months. If an inheritance action is added, proceedings can run for one to several years. Many cases end earlier with a settlement, which we actively pursue where it serves your interests better.
What does representation in a dispute cost? +
Costs depend on the value of the contested share, the complexity and the length of the proceedings. We discuss fees and billing openly at the outset and check any legal expenses insurance cover with your insurer.
Can an inheritance dispute be avoided? +
Often yes, through a clear and formally valid will, through inheritance and compulsory-portion waiver agreements, or through a structured lifetime gift. We design such solutions and advise before a dispute even arises.
Related topics
This may also be relevant to you.
Compulsory portion
A minimum share for children and spouses, even after disinheritance. Quota, gift attribution, deferral and enforcement against the heirs.
Contesting a will
Defects of form and intent, lack of testamentary capacity, unworthiness and disinheritance. When a last will can be overturned.
Estate division and community of heirs
When several inherit together: administration, division agreement, division action and dealing with real estate in the estate.
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.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000