The statutory care legacy is due to a person close to the deceased (the law understands this to mean persons from the circle of the legal heirs of the deceased as well as the spouses, registered partners, life partners and children of these persons) who has cared for the deceased to a not merely minor extent for at least six months in the last three years before his death. The carer must have spent an average of more than 20 hours per month on this (RV 668 BlgNR 25. GP 17).
However, the statutory care legacy is only due insofar as a donation or payment has not been granted (§ 677 ABGB). The amount of the legacy is determined by the type, duration and extent of the benefit and is due in addition to the compulsory portion. It is also due in addition to other benefits from the estate, unless the deceased has ordered otherwise (§ 678 ABGB; RV 668 BlgNR 25. GP 17).
The decisive factor for the valuation of the care legacy is an appropriate remuneration analogous to § 1152 ABGB less the benefits that the carer has received in return for the care (OGH 2 Ob 65/24 h).
A care legacy does not require the beneficiary of the care legacy to be the sole carer. Particularly if professional care is provided (for example in a care home), any other increase in mental well-being may also be eligible for a care legacy. For example, walks or reading aloud could also be taken into account if the care recipient is no longer able to do this independently due to their need for care (OGH 2 Ob 33/25 d ). However, mere telephone calls or occasional visits do not fall under the concept of care.