The right to a compulsory portion is regulated in §§ 756-792 ABGB. As in German law, the right to a compulsory portion only establishes a claim to a monetary payment against the heirs. Only the descendants and the spouse or registered partner of the deceased are entitled to a compulsory portion, § 757 ABGB. Parents, on the other hand, are not entitled to a compulsory portion.
The right to a compulsory portion can only be asserted by those who would actually inherit by intestate succession and who are not excluded from succession by ancestors or other reasons.
As in German law, the compulsory portion is half of the respective statutory inheritance share, § 759 ABGB. In contrast to German law, however, in Austria there is the possibility of Reduce the compulsory portion. This possibility exists for the testator if he and the person entitled to a compulsory portion were not in a relationship of closeness, as usually exists between such family members, at any time or at least over a longer period of time before the death of the testator. A reduction of up to half is permissible. A Abuse of the right of reduction is excluded via § 776 II ABGB. If the testator has avoided contact for no reason or has given justified cause for the lack of contact, the estate cannot be reduced. The Burden of proof The heirs are also responsible for the conditions of the reduction. If you have any further questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.