Inheritance Law

Inheritance Law

Inheritance law regulates what happens to a person’s assets after their death. It determines who receives the estate, what rights and obligations pass to the heirs, and how these are distributed. It creates clear rules to avoid conflicts and ensure an orderly transfer of assets.

Inheritance law determines who assumes assets, rights, and obligations in the event of death and how these are distributed.

Objective and Subjective Inheritance Law

In legal terms, a distinction is made between two meanings of the term “inheritance law”:

• The objective inheritance law includes all legal provisions that determine who becomes an heir after a death and how the procedure for settling the estate is carried out.
• The subjective inheritance law means that a person has the individual right to actually receive the estate or a specific share thereof and to enforce this claim.

Bases of Acquisition of Inheritance Law

An inheritance right can arise in three ways:

1. Legal succession – applies if there is no effective will.
2. Will – a formally correct disposition mortis causa in which the testator determines heirs.
3. Inheritance contract – a contract concluded during lifetime, notarized between the testator and the heirs.

The transfer of the inheritance right takes place formally through the Einantwortung in the inheritance proceedings. Previously, the heir must submit a positive declaration of acceptance of inheritance.

Part of Inheritance Law

Inheritance law includes all inheritable rights and obligations of a deceased person, including:

• Private rights and obligations, also from current contracts
• Claims for damages and pain and suffering
• Company shares without personal management
• Compulsory portion and inheritance rights themselves

The following are not inheritable in particular:

• Public rights and highly personal rights (e.g. custody, marital or partnership rights)
• Personal easements (e.g. right of residence)
• Maintenance claims not yet due
• Shares in a general partnership (OG) or as a general partner in a limited partnership (KG)
• Care allowance claims and other highly personal social benefits
• Personal memberships, for example in associations or professional organizations

Special Cases

In certain situations, special rights of entry or transfer apply, such as:

• Tenancy and housing rights – rights of entry according to § 1116a ABGB or § 14 WEG
• Insurance benefits – depending on existing provisions
• Companies – inheritable if it is not inextricably linked to the person of the testator
• Social security claims

Special Regulations for Companies and Real Estate

Companies are inheritable if their continuation is not inextricably linked to the person of the testator. In the case of real estate, it is important that, in addition to the inheritance law provisions, the formal requirements such as notarial deed and land register entry are also observed.

Special Characteristics of Inheritance Law

Inheritance law is:

However, seizure, pledging or adverse possession of the inheritance right are not possible.

Limitation of Inheritance Claims

The general extension periods apply:

• Three years as soon as one knows or should know about the claim.
• Thirty years from the death, regardless of knowledge.

Your Benefits with Legal Assistance

Our law firm clarifies which rights and obligations exist in the specific inheritance case, secures your claim in the inheritance proceedings and designs legally secure solutions for the transfer of assets.
Especially in the case of complex estates or special cases, legal advice ensures clarity and avoids lengthy disputes.

Frequently Asked Questions – FAQ