Erbrecht des Lebensgefährten

Inheritance Rights of Cohabitants: What Partners Need to Know

Under Austrian law, a clear principle applies: a cohabitant (life partner) has no statutory right of inheritance. Unlike spouses or registered partners, cohabitants are generally not considered under intestate succession unless specific provisions have been made in a will.

The Statutory Legacy (Pre-legacy)

If the deceased was not married or in a registered partnership at the time of death, the law grants the cohabitant a statutory legacy (gesetzliches Vorausvermächtnis) under certain conditions. The primary requirement is that the partners must have lived in a joint household for at least the last three years prior to the death.

This right includes:

  • The right to continue living in the shared apartment for up to one year after the partner’s death.
  • The temporary use of the household chattels.

Important: Specific regulations apply to tenancy agreements, residential property, or ownership partnerships in condominiums, which go beyond general inheritance law. Further details can be found under Tenancy Rights and Ownership Partnership.

The Extraordinary Right of Inheritance

A cohabitant is entitled to an extraordinary right of inheritance (außerordentliches Erbrecht) only if absolutely no statutory heirs (e.g., children, grandchildren, parents, siblings) claim the estate (§ 748 para 1 ABGB).

In this specific case, the cohabitant inherits the entire estate, provided that:

  • The life partnership existed for at least three years prior to the death.
  • A joint household existed (exceptions may apply for significant reasons, such as professional absence or health-related relocation, according to § 748 para 2 ABGB).

Avoiding Escheat to the State

If there are no statutory heirs and no eligible cohabitant, an extraordinary right of inheritance may apply to legatees (Vermächtnisnehmer; § 749 ABGB). However, if no entitled persons are found, the Federal Government (the Republic of Austria) has a right of appropriation (escheat; § 749f ABGB).

Since such an “appropriation by the state” is usually not in the interest of the deceased, it is highly recommended to make provisions in due time through testamentary dispositions (such as a will). This is the only way to ensure that a life partner is protected in the long term.

For an overview of essential legal terms, please refer to our Legal Glossary.