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).