Inheritance Disputes in Austria

An inheritance dispute can burden a family for years. Legally, it is rarely a single lawsuit but rather a sequence of proceedings with their own rules: who is heir is decided by the probate court in non-contentious proceedings, whereas claims to the compulsory portion and ownership claims are in principle pursued in contentious civil proceedings. Taking the right steps at the right time preserves your claims and strengthens your negotiating position.

Disputes over the Right of Succession

Where several persons claim the inheritance, for example on the basis of different wills or on the basis of intestate succession against a will, they file conflicting declarations of succession. The court commissioner first attempts to reach an agreement (§ 160 AußStrG). If this fails, the probate court determines the right of succession after an oral hearing (§ 161 para 1 AußStrG; RIS-Justiz RS0122476). Typical points of dispute are form, authenticity and testamentary capacity; details can be found under Contesting a Will. Measures in the probate proceedings that do not depend on the determination of the right of succession continue during these proceedings (§ 161 para 2 AußStrG).

Disputes over Estate Assets

Disputes frequently concern what actually forms part of the estate. For inclusion in the inventory, possession on the date of death is primarily decisive (RIS-Justiz RS0122722; most recently OGH June 25, 2024, 2 Ob 85/24z). The probate court decides only whether an item is included in or excluded from the inventory, not whether it belongs to the estate as property of the deceased (RIS-Justiz RS0121985; most recently OGH June 25, 2024, 2 Ob 85/24z). Questions of ownership must therefore be resolved in contentious proceedings. Before the Einantwortung, such an action must be brought against the estate, not against the heirs (RIS-Justiz RS0012282; most recently OGH August 30, 2016, 1 Ob 148/16w).

Disputes over the Administration of the Estate

An heir who sufficiently establishes his or her right of succession when accepting the inheritance may use and manage the estate assets and represent the estate, unless the probate court orders otherwise. Several heirs exercise this right jointly unless they agree otherwise. Disposals that are not part of the ordinary course of business require court approval (§ 810 para 1 and 2 ABGB). With businesses and real estate in particular, this is often the first point of conflict.

Disputes over the Compulsory Portion and Gifts

The person entitled to a compulsory portion acquires the claim upon the death of the deceased but may demand payment of the compulsory portion in cash only one year after the death (§ 765 ABGB). Until payment, statutory interest is due (§ 778 para 2 ABGB). Whoever is entitled to demand that certain gifts be added to the estate for calculation purposes has a right to information regarding those gifts against the estate, the heirs and the recipient of the gift (§ 786 ABGB). A private foundation may also be obliged to provide information to persons entitled to a compulsory portion after the founder’s death (OGH March 26, 2026, 2 Ob 115/25p). For the amount, the crediting of gifts and deferral, see Right to a Compulsory Portion.

Disputes after the Einantwortung

Several heirs form a community of heirs with respect to their joint right of succession; each co-heir’s share corresponds to his or her quota, and the rules on co-ownership apply otherwise (§ 550 ABGB). Anyone who subsequently claims a better or equal right of succession may bring an action for recovery of the inheritance (§ 823 para 1 ABGB).

Time Limits in Inheritance Disputes

A uniform period applies to the most important inheritance claims: overturning a testamentary declaration, claiming the compulsory portion in cash, claiming against a recipient of gifts for a reduction of the compulsory portion and the action for recovery of the inheritance after the Einantwortung must be brought in court within three years of becoming aware of the relevant facts, and no later than thirty years after the death (§ 1487a para 1 ABGB).

Practical tip: Many inheritance disputes can be settled before the court commissioner or by way of settlement before contentious proceedings begin. An early legal assessment of the evidence, cost risk and time limits is the best basis for this.

Your Lawyer for Inheritance Disputes in Vienna

ARNOLD Rechtsanwälte represents heirs, persons entitled to a compulsory portion and families with private foundations in probate proceedings, in proceedings on the right of succession and before the civil courts throughout Austria. Contact us.