Spousal inheritance law
The deceased's spouse or registered partner is the legal heir pursuant to Sections 730, 744 I ABGB. For this, a valid marriage or registered civil partnership must exist. The following statements apply equally to both:
In addition to heirs in the first line, the spouse receives one third and, in addition to the parents of the deceased, two thirds. In addition to other relatives, the surviving spouse becomes the sole heir. If a parent has predeceased the deceased, their share of the estate also goes to the spouse. The portion that does not go to the spouse is to be divided according to the rules on the right of inheritance of relatives. If the spouse predeceases the deceased, his or her descendants do not enter the estate; instead, the estate is only distributed in accordance with the rules of kinship inheritance law.
Inheritance rights of the life partner
It is unusual that the non-marital partner of the deceased also has a right of inheritance. The partner's right to inherit only exists if there is no other legal heir and the partner lived with the deceased in the same household for at least the last three years before the deceased's death, Section 748 ABGB. However, cohabitation can be waived in special cases. Nevertheless, this inheritance right is limited, as parents often still exist at the time of the inheritance.
Advance bequest
In accordance with Section 745 ABGB, there is a statutory advance legacy in favour of the surviving spouse, registered partner or cohabiting partner with regard to the right of residence in the marital home and the movable property belonging to the marital household. The spouse or registered partner is therefore entitled to use the home and household effects. The advance legacy has the character of a compulsory portion and is not offset against the spouse's inheritance share, although the testator may nevertheless stipulate otherwise. If you have any further questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.