Protecting the rights of children and spouses in inheritance cases
Under Austrian inheritance law, close relatives of the deceased—namely children and spouses—are legally entitled to a compulsory share of the estate, even if they were excluded from a will. This statutory entitlement (Pflichtteil) ensures that core family members receive a fair portion of the inheritance, regardless of the testator’s personal wishes.
Unfortunately, cases often arise where these compulsory shares are underpaid, miscalculated, or completely disregarded. Whether due to hidden gifts, undervalued assets, or inheritance manipulation, rightful heirs may find themselves left out—or short-changed.
Our team at Historikerkanzlei offers professional support to individuals seeking to verify, calculate, and assert their rightful Pflichtteilsanspruch under Austrian law.
When to take action
You may have a claim to a compulsory share if:
- You are a child or spouse of the deceased
- You received nothing, or less than legally entitled, from the estate
- There is suspicion that assets were intentionally transferred, gifted, or hidden before death (e.g., real estate, company shares)
- Valuations of estate assets appear incorrect or incomplete
- You were excluded from the will without valid cause
In all these cases, you are not powerless—Austrian law provides you with the means to challenge these outcomes and enforce your claim.
What we do
We assist clients in evaluating and pursuing compulsory share claims with precision and discretion. Our services include:
- Legal assessment of your entitlement under current Austrian inheritance law
- Genealogical verification to establish your legal relationship to the deceased
- Investigation of asset transfers (e.g., real estate deeds, company shares, lifetime gifts)
- Historical and market-based valuation of assets to determine your correct share
- Preparation of claim documentation for legal assertion
- Coordination with lawyers and estate administrators for filing or settlement
Where needed, we also help uncover unrecorded gifts or suspicious transfers made in the years leading up to the testator’s death—a common tactic used to bypass rightful inheritance claims.
How we work
Initial Review: We begin by reviewing the will (if available), the known heirs, and the distribution of assets. You may also submit suspicions of gifts, omitted assets, or valuations you believe are inaccurate.
Genealogical Validation: We establish your legal relationship to the deceased with certified documentation.
Asset Research: We examine land registries, business registers, donation records, and other archives to reconstruct the true estate value.
Valuation & Report: We calculate the compulsory share based on confirmed values and identify discrepancies, undervaluations, or fraudulent transfers.
Legal Cooperation: We prepare documentation and, if necessary, connect you with inheritance lawyers who can represent your case in or out of court.
Frequently Asked Questions (FAQs)
Who qualifies for a compulsory share under Austrian law? The deceased’s children and spouse are entitled to a share of the estate—even if excluded from the will. In some cases, parents may also qualify, depending on the family situation.
What is the Pflichtteil (compulsory share)? It is a statutory portion of the estate (usually half of the legal entitlement) that cannot be taken away, even through a will, unless exceptional legal grounds exist.
How is the Pflichtteil calculated? It is based on the net value of the estate, including all assets and lifetime gifts made within the legally relevant timeframe.
What if I already accepted a small inheritance? Even if you received something, you may still have a claim for a higher share. We can calculate the difference and assist with enforcement.
What if assets were gifted before death? Such transfers may still count toward the total estate value. We investigate whether real estate, business shares, or cash gifts were made to reduce the inheritance base—these may be reclaimable.
How long do I have to assert my claim? Under Austrian law, compulsory share claims must be asserted within three years of learning about the inheritance. Delays can result in loss of rights.
Do I need a lawyer? While our firm does not provide legal representation, we collaborate closely with specialized probate lawyers who can take over the formal assertion and litigation, if needed.
