Inheritance law in Vienna
Last updated: July 2026
Wills, the compulsory portion, intestate succession, probate and lifetime gifts: we explain inheritance law clearly – and represent you if a dispute arises.
Austrian inheritance law is set out in the Austrian Civil Code (ABGB), as amended by the 2015 Inheritance Law Amendment Act (ErbRÄG 2015) with effect from 1 January 2017. It governs what happens to a person’s assets after their death. It determines who inherits if there is no will (intestate succession) and how you can make your own arrangements (by will). It sets the minimum entitlement of close relatives: the compulsory portion, which is half of the intestate share and a claim to money only. It also covers how lifetime gifts are taken into account. Finally, it governs the court probate proceedings, which a civil-law notary conducts as court commissioner.
After a death, the key is to pursue claims clearly and on time.
Alongside the grief, a death almost always raises legal questions. What happens to the assets? Who inherits – and who has a minimum entitlement despite a will? How much is the compulsory portion? Do earlier gifts count? Am I liable for the debts of the deceased? On top of this, there are deadlines you must not miss – such as the three-year limitation period for the compulsory portion.
We are deliberately honest about this: a civil-law notary acting as court commissioner, appointed by the court, handles the probate proceedings themselves – you do not need your own lawyer for that. We act for you where matters become contentious or where you have claims of your own to pursue. This includes pursuing or defending compulsory portion claims, inheritance disputes, valuing the estate, taking lifetime gifts into account and challenging a will. We make no promises about any particular outcome – but we do promise to assess your situation honestly and to work through the figures in a way you can follow. We advise in German, English, Slovak and Polish.
- Your compulsory portion has not been paid, or the amount paid was too low.
- You are an heir and face excessive compulsory portion claims.
- You want to make a legally sound will or have an existing one reviewed.
- You want a lifetime gift taken into account when the compulsory portion is calculated – or you want to prevent this.
- A dispute is looming between heirs or over the value of the estate.
- You are unsure whether to accept the inheritance or renounce it because of debts.
Areas of inheritance law
Compulsory portion
The statutory minimum entitlement of close relatives: the amount (§ 759 ABGB), who is entitled, the claim to money, limitation and how to pursue the claim.
View page → 02Making a will
Handwritten by you or written by someone else (§§ 578, 579 ABGB): formal requirements, witnesses, common mistakes and secure safekeeping in the register of wills.
View page → 03Intestate succession
Who inherits without a will: the parentelic system, the share of the spouse or registered partner (§ 744 ABGB) and the statutory preference legacy.
View page → 04Probate proceedings
What happens after a death, the notary as court commissioner, the declaration of acceptance of the inheritance and liability for debts.
View page → 05Lifetime gifts
When lifetime gifts count towards the compulsory portion: a two-year limit for gifts to third parties, no time limit for gifts to persons entitled to a compulsory portion.
View page → ＋Not sure which applies to you?
Call us or write to us. We will assess your matter in an initial consultation and explain the next steps.
Consultation →Inheritance law in the media
Mag. Johannes Bügler also appears in the media on inheritance law – representing heirs and explaining the law to readers:
‘Your rights in the crisis’
In the Kronen Zeitung’s readers’ questions series, Mag. Johannes Bügler explained what a valid handwritten will looks like: written entirely by hand and signed in your own hand – no witnesses are needed. He also recommended having the will kept by a lawyer and registered in the register of wills.
View original clipping (PDF) →‘Million-euro mystery over art treasure from St Stephen’s Cathedral’
Religious art objects linked to St Stephen’s Cathedral were offered for sale; the cathedral sought their return through a civil action. We represented the grandson and heir of a deceased restorer; our client regarded himself as the lawful owner – the public prosecutor’s office found no grounds to suspect handling stolen goods.
Read the report on krone.at →Clarity after a death – without false promises
First, we give you an overview: which claims exist, which deadlines are running and what you can realistically achieve. Where the notary is responsible, we tell you so openly. Where matters become contentious, we pursue your interests firmly. We explain each step so you can follow it, and we treat you as an equal.
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Let’s talk about your inheritance matter
Tell us about your matter in confidence and without obligation – we will speak to you as an equal and get back to you promptly with an initial assessment.