Statute of Limitations

Statute of Limitations for Inheritance Claims

Anyone with an inheritance claim should not hesitate too long. This is because Austrian inheritance law provides for clear limitation periods:

Once a period has expired, a claim can no longer be enforced, regardless of its legal entitlement. This applies to forced heirship claims as well as legacies, inheritance lawsuits, or gifts upon death. It is particularly problematic that many periods begin to run even before those affected are aware of their rights.

Claims Subject to the Statute of Limitations

The provision of § 1487a ABGB applies in particular to the following cases:

• Forced heirship claims and forced heirship supplements
• Legacies (bequests) as well as gifts upon death
• Inheritance lawsuits (e.g., in cases of overlooked legal heirs)
• Contestation of testamentary dispositions, conditions, or encumbrances
• Assertion of a superior or equivalent right of inheritance after probate

The federal government’s right of appropriation also falls under this provision.

Select Your Preferred Appointment Now:Free initial consultation

Limitation Periods

In Austrian inheritance law, two different limitation periods apply to the assertion of inheritance claims: a short period of three years and a long period of thirty years. Both periods run concurrently and apply depending on the level of knowledge and the time of death. Therefore, anyone wishing to secure claims must not only know whether they are entitled to something, but also when the respective period begins to run.

Short Period:

The short limitation period of three years begins as soon as someone learns of the circumstances that establish their claim. It also begins to run if this information could have been recognized with due diligence.

Example: If a legatee is only informed about the contents of the will two years after the death, the period only begins with this knowledge.

Long Period:

This long period of thirty years begins with the death of the deceased person and runs regardless of whether the entitled person is aware of their claim. It represents an absolute limit. Once it has expired, the claim can no longer be asserted, even if one only gains knowledge later or was deceived.

Select Your Preferred Appointment Now:Free initial consultation

Legal Consequence of the Statute of Limitations

A time-barred claim can no longer be enforced in court. The claim then only exists as a so-called natural obligation, meaning it remains valid but is no longer legally enforceable.
If payment is made voluntarily, the performance is not legally reclaimable.
The court does not consider the statute of limitations ex officio; the objection must be raised by the opposing party.

Transitional Provision

This limitation period applies to all cases where the respective claim had not yet expired by January 1, 2017. In these cases, the three-year knowledge-dependent period begins to run anew, regardless of the time of death.

Your Benefits with Legal Assistance

• Assessment of whether the statute of limitations has already occurred or can still be prevented
• Calculation of Periods and Securing Evidence
• Assertion of Outstanding Claims within the Limitation Periods
• Advice on Suspension, Interruption, or Recognition of Claims
• Representation against Heirs or Forced Heirship Beneficiaries Raising the Statute of Limitations Defense

Select Your Preferred Appointment Now:Free initial consultation

Frequently Asked Questions – FAQ