Inheritance Law Proceedings
Inheritance Law Proceedings
The inheritance law proceedings under Austrian law serve to judicially clarify which of several prospective heirs has the “best right of inheritance”. It is only applied if conflicting declarations of acceptance of inheritance are present in the estate proceedings and the attempt at reconciliation by the court commissioner fails.
In the event of a dispute, inheritance law proceedings clarify which of several prospective heirs legally has the best right of inheritance
Requirements for Initiation
Inheritance law determination proceedings are initiated if:
- several declarations of acceptance of inheritance are present that contradict each other in content
- the court commissioner has attempted to reach an agreement between the parties involved, but this was unsuccessful
- the proceedings are still pending before the confirmation of inheritance decree becomes final
There is no legally stipulated deadline for the attempt at reconciliation. Nevertheless, the proceedings must be conducted expeditiously so that all parties involved quickly have clarity about their status as heirs.
Process of Inheritance Law Determination Proceedings
1. Attempt at Reconciliation by the Court Commissioner
The court commissioner invites all prospective heirs to a meeting to achieve an amicable recognition of the right of inheritance.
Example: Two people claim the entire estate based on different wills, or the claimed quotas together exceed 100% of the estate.
Other typical conflicts include, for example, when prospective heirs rely on different statutory inheritance rules or wills that are not compatible with each other.
2. Submission to the Court
If the attempt at reconciliation fails, the court commissioner must submit the files to the court. From this point on, the judge conducts the proceedings.
3. Oral Hearing
The court holds an oral hearing, examines the parties’ submissions, and only considers the evidence presented. Unlike in the rest of the estate proceedings, the principle of investigation is severely limited here.
4. Decision by Decree
The court’s decree contains two parts:
- Determination of the right of inheritance of the entitled person(s)
- Rejection of all other declarations of acceptance of inheritance
The decision can be combined with the confirmation of inheritance decree.
Sebastian RiedlmairHarlander & Partner Attorneys „Ein klar strukturierter Verfahrensablauf und präzises Vorbringen sind im Erbrechtsverfahren der Schlüssel zum Erfolg.
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Legal Consequences and Special Features
- Continuation of the estate proceedings: The main proceedings continue in parts as long as this does not prejudice the decision.
- Reimbursement of costs: Unlike otherwise in the estate proceedings, there is a claim for reimbursement of costs in the inheritance law determination proceedings.
- Interruption: Sometimes the proceedings are temporarily suspended. This happens, for example, if another procedure must first be completed or if the parties involved are temporarily unable to comment. During this time, the inheritance law proceedings do not continue and are only resumed later.
- Representation obligation:
- Relative obligation to have legal representation for assets up to € 5,000
- Absolute obligation to have legal representation for assets over € 5,000
After the Decree
After the decree becomes final, only the inheritance claim (§ 823 ABGB) remains to enforce claims.
If the right of inheritance is determined, the confirmation of inheritance is made to the entitled party.
An overlooked heir can still submit a declaration of acceptance of inheritance until the court is bound by the confirmation of inheritance decree.
In rare cases, a person who also claims inheritance rights comes forward after completed proceedings. In this case, the court commissioner re-examines whether further determination proceedings are necessary. These essentially proceed like the first proceedings.
Your Benefits with Legal Assistance
Our experienced attorneys consistently enforce your inheritance rights in the proceedings. We take over for you:
- Analysis of the prospects of success
- Preparation of the complete party submission with all necessary motions for evidence
- Monitoring and compliance with all deadlines
- Avoidance of formal errors that could lead to the loss of heir status
Especially in inheritance law determination proceedings, in which the principle of investigation is severely limited, we secure your position through precise and strategic litigation.
Sebastian RiedlmairHarlander & Partner Attorneys „Wer seine Erbenrechte sichern will, muss im Verfahren strategisch vorgehen und alle Beweise lückenlos einbringen.“
