Transmission
Transmission
Transmission, also known as the inheritance of the right of succession. Through transmission, the right of succession itself can be inherited. This means that if the heir of the deceased passes away, their right of succession also passes to their heirs.
Definition of Transmission / Inheritance of the Right of Succession
If a person dies without an heir having previously accepted or disclaimed the inheritance, the right of succession itself can become subject to inheritance. This process is referred to as transmission. The relevant provisions can be found in § 537 and § 809 ABGB. Transmission occurs when the initial testator dies and the designated heir also passes away before accepting or disclaiming the inheritance. In this case, the right of succession passes to their own heirs.
Prerequisites for Transmission
For the inheritance of the right of succession to occur, certain prerequisites must be met:
- The heir of the initially deceased person has neither expressly accepted nor disclaimed the inheritance.
- The heir passes away before being able to accept or disclaim the inheritance.
- The right of succession was still open at that time, meaning it had not yet been legally completed.
This scenario typically involves two consecutive deaths, where the legal succession of the first deceased person has not yet been concluded at the time of the second death.
Legal Effects of Transmission
In the course of transmission, the right of succession becomes part of the estate of the second deceased heir. Their heirs thus assume the legal position of being able to accept or disclaim the inheritance of the initially deceased person. The deadlines for exercising this right generally begin only from the moment the heirs of the second deceased heir gain knowledge of the open succession.
The decision of whether to accept must be made carefully, as liabilities can also pass with the right of succession. A comprehensive legal review of the estate is therefore advisable.
Select Your Preferred Appointment Now:Free initial consultationPractical Relevance and Typical Applications
In practice, transmission occurs particularly when close family members pass away in quick succession.
Example: A father passes away, leaving his son as the legal heir. This son passes away a few days later without having formally accepted or disclaimed the inheritance. Now, the son’s right of succession passes to his own children or spouse, who then must decide whether to enter into the original succession.
Sebastian RiedlmairHarlander & Partner Attorneys „Gerade bei der Vererbung des Erbrechts zeigt sich, wie komplex und zeitsensibel Nachlassverfahren sein können. Eine kompetente rechtliche Begleitung ist hier oft entscheidend, um ungewollte Haftungen zu vermeiden.“
Your Benefits with Legal Assistance
A law firm specializing in inheritance law offers you the following advantages regarding transmission:
- Careful review of open successions
- Deadline control and deadline management
- Strategic advice on acceptance or disclaimer
- Clarity on tax and liability aspects
- Representation in probate proceedings
