Practice areas
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Inheritance Law

Succession and the distribution of assets require legal precision. We advise on wills, compulsory portion claims and inheritance disputes. Our goal is clear arrangements that avoid disputes and protect interests, so that assets pass to the next generation with legal certainty. We tell you frankly how we assess your matter and give you an estimate of the costs.

Inheritance law touches assets and family at the same time. We provide clear arrangements and represent you consistently where there is a dispute.

Austrian inheritance law is complex and emotionally charged; after a death, swift action is moreover often necessary because deadlines are running. We advise on planning ahead (wills, lifetime transfers, business succession) and represent heirs, persons entitled to a compulsory portion and legatees in estate proceedings and in inheritance disputes.

Our services in inheritance law

  • Wills and inheritance agreements: drafting, review of formal validity, prior and subsequent inheritance, conditions, execution of wills.
  • Anticipated succession: transfer agreements, gifts in the event of death, rights of residence and maintenance arrangements, protection of the transferor.
  • Compulsory portion law: calculation, crediting of gifts, supplementary claims to the compulsory portion, deferral, disinheritance and reduction of the compulsory portion.
  • Estate proceedings: declaration of acceptance of inheritance, inventory, division of the estate, representation before the court commissioner.
  • Inheritance disputes: proceedings on the right of inheritance, actions for recovery of the inheritance (Erbschaftsklage), challenges to wills for formal defects or lack of testamentary capacity, disputes over what belongs to the estate.
  • Business succession: aligning the articles of association, the will and the rules on compulsory portions.
  • International estates: applicable law under the EU Succession Regulation, European Certificate of Succession.

Statutory succession: the parentelic system

Where there is no will or inheritance agreement, succession follows kinship, structured into lines of parentage:

  • First line: the deceased's children and their descendants.
  • Second line: the parents and their descendants, that is, siblings and their children.
  • Third line: the grandparents and their descendants.
  • Fourth line: the great-grandparents.

The spouse or registered partner inherits one third alongside children and two thirds alongside parents; if a parent has predeceased, that parent's share also passes to the spouse. Alongside siblings, grandparents or more distant relatives the spouse inherits alone. A will takes precedence over statutory succession up to the limit set by the law on the compulsory portion.

A legacy instead of heirship

A legacy transfers individual assets without the recipient becoming an heir and thereby liable for the estate's debts. A distinction is drawn, among others, between a specific legacy, which transfers one particular item, and a generic legacy, which covers items of a certain kind. For many plans, such as leaving a property to a particular child, combining the appointment of heirs with a legacy is the cleaner solution.

Estate proceedings in Salzburg

Jurisdiction lies with the district court of the deceased's last domicile or habitual residence; the proceedings are conducted by a notary as court commissioner. Where declarations of acceptance of inheritance conflict, the court in the estate proceedings itself decides who is the heir; the compulsory portion and whether a property belongs to the estate are litigated before the district or regional court. We provide representation on both tracks and coordinate with the notary's office and tax advisers.

Planning ahead costs less than the dispute

Most inheritance disputes have a formal cause: an invalid will, a gift that was not taken into account, articles of association that contradict the will. A carefully considered arrangement made during one's lifetime costs a fraction of an inheritance dispute and spares the family years. Arrange a conversation; we will look at your situation as a whole.

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Frequently asked questions

How large is the compulsory portion in Austria?

How large is the compulsory portion in Austria?

Spouses or registered partners, as well as children and their descendants, are entitled to a compulsory portion; parents have no longer been entitled since the 2015 Succession Law Amendment Act. The compulsory portion amounts to half of the statutory share and is a monetary claim, not a claim to particular assets. The court can defer it for up to five years, and in particularly deserving cases for up to ten years in total, where immediate payment would place an unreasonably harsh burden on the heirs.

What formal requirements must a will meet to be valid?

What formal requirements must a will meet to be valid?

A holograph will must be written entirely by hand and signed. A will made by other means, for example typed on a computer, has since 2017 required the testator's signature, a handwritten addition stating that the document contains their last will, and three witnesses who sign the document with an addition confirming their capacity as witnesses. Formal defects render the will invalid; they are the most common reason wills fail.

Who inherits if there is no will?

Who inherits if there is no will?

Then statutory succession applies under the parentelic system: first the children and their descendants, then the parents and their descendants, then the grandparents and their descendants. The spouse or registered partner inherits alongside them, namely one third next to children and two thirds next to parents; if there are neither children nor parents, they inherit alone. Cohabiting partners have no statutory right of inheritance, only a subsidiary extraordinary right of inheritance.

Are lifetime gifts taken into account?

Are lifetime gifts taken into account?

Yes. Gifts to persons entitled to a compulsory portion are added back without any time limit; gifts to third parties within two years before death. This can give rise to a claim to supplement the compulsory portion, in some circumstances even against the recipient of the gift. Anyone transferring assets during their lifetime should be aware of this effect and address it in the agreement.

How do estate proceedings (*Verlassenschaftsverfahren*) work?

How do estate proceedings (*Verlassenschaftsverfahren*) work?

They are conducted by the district court of the deceased's last domicile or habitual residence, which appoints a notary as court commissioner. The commissioner establishes the assets and the heirs, receives the declarations of acceptance of inheritance and prepares the inventory. At the end stands the order of devolution, by which the estate passes to the heirs. Where declarations of acceptance of inheritance conflict, the court in the estate proceedings itself decides who is the heir; claims to the compulsory portion are pursued in contentious proceedings.

Do I have to accept an over-indebted inheritance – and am I liable for debts?

Do I have to accept an over-indebted inheritance – and am I liable for debts?

Nobody has to inherit. You can renounce the inheritance or, as the more common middle course, submit a conditional declaration of acceptance of inheritance: an inventory is then drawn up and you are liable for debts of the estate only up to the value of the assets received. An unconditional declaration of acceptance of inheritance, by contrast, leads to unlimited liability, including with your own assets. This decision is taken early in the estate proceedings and can hardly be corrected later; do not take it without knowledge of the debt situation.

How long can I assert my compulsory portion?

How long can I assert my compulsory portion?

The claim to a compulsory portion becomes time-barred after three years from knowledge of the relevant circumstances, and absolutely after 30 years. It falls due one year after the death of the deceased. Anyone who was passed over (including through lifetime gifts that diminished the estate) should therefore quantify claims in time and sue if necessary. We calculate the claim including the crediting of gifts and interrupt the limitation period before it expires.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about inheritance law?

Tell us about your case. We will give you a candid assessment and a clear picture of the cost.

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+43 662 26033