Erbverzicht und Erbunwürdigkeit

With the renunciation of inheritance, a potential heir renounces the future right of inheritance vis-à-vis the deceased already during the deceased’s lifetime (§ 551 ABGB). For an effective waiver of inheritance, the form of the notarial deed or the court record is required. Unless otherwise agreed, a waiver of inheritance extends to the compulsory portion as well as to the descendants. The annulment of the contract must be in writing. Such arrangements are particularly expedient in the case of business successions. The renouncer is usually paid a settlement.

An unworthiness to inherit may be given, among other things, if a potential heir has a detrimental effect on the last will and testament of the deceased (in particular, forces the deceased to write the same or fraudulently induces the deceased), otherwise attempts to frustrate the will of the deceased or has been guilty of a judicially punishable act against the deceased or the estate, which can only be committed intentionally and is punishable by more than one year’s imprisonment (§§ 539 ff ABGB).