Compulsory Portion in Austria: Who Gets It and How to Claim
Compulsory Portion in Austria: Who Gets It and How to Claim Compulsory portion (Pflichtteil) in Austria explained: who is entitled, how to calculate the amount, statute of limitations, and a step-by-step guide to claiming your share. Topics: Daily Life, .
Austrian inheritance law is built on the principle of testamentary freedom — you can leave your property to anyone you choose. But the law protects close family members through the compulsory portion (Pflichtteil): even if a will excludes you entirely, you are still entitled to at least half of what you would have inherited under intestate succession.
This mechanism is one of the cornerstones of Austrian inheritance law. On one hand, it limits the testator’s arbitrary decisions; on the other, it guarantees that children and the surviving spouse are not left without means after the breadwinner’s death. The compulsory portion (or Pflichtteil) is not a right to specific assets — it is a monetary claim against the heirs.
In this article you will learn: who is entitled to the compulsory portion in Austria, how to calculate its amount with concrete examples, how lifetime gifts affect the calculation, what deadlines apply, and how to enforce your rights if they have been violated.
What Is the Compulsory Portion (Pflichtteil)
The compulsory portion (Pflichtteil) is a legally guaranteed minimum share of the estate that the testator cannot override or reduce by will. The Pflichtteil is regulated in §§ 756–792 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB).
The key feature of the Austrian Pflichtteil is that it is purely a monetary claim. Unlike in some countries where a forced heir receives a share of the actual property, in Austria you cannot demand a specific apartment or car. Instead, the heirs must pay you a cash amount equal to your minimum share.
It is important to understand the difference between a statutory heir (gesetzlicher Erbe) and a compulsory portion beneficiary (Pflichtteilsberechtigter). The heir receives assets but also bears liability for the deceased’s debts. The compulsory portion beneficiary receives only money and bears no liability for debts. If you are unsure whether to accept an inheritance at all, read our guide on renouncing inheritance in Austria.
According to the Austrian Ministry of Justice, disputes over the compulsory portion account for roughly 30% of all cases handled by inheritance courts (Verlassenschaftsgerichte).
Who Is Entitled to the Compulsory Portion
The list of persons entitled to the Pflichtteil is strictly limited by law and has become significantly narrower since the inheritance law reform of 2015 (ErbRÄG 2015, effective 1 January 2017).
Under § 757 ABGB, the compulsory portion is reserved for:
— Descendants of the testator: children (including illegitimate and adopted), grandchildren and great-grandchildren. Grandchildren inherit the compulsory portion only if their parent (the testator’s child) predeceased the testator. This is known as the right of representation (Repräsentationsrecht). — The spouse or registered partner of the testator.
Before 2017, the parents of the testator were also entitled to a compulsory portion. This right was abolished by the reform — if the deceased has no children or spouse, they can freely dispose of all assets by will.
Important: siblings, nephews, nieces, uncles, aunts, and cohabiting partners (Lebensgefährten) are not entitled to the compulsory portion in Austria. As the official HELP.gv.at portal notes, this is one of the strictest limitations in European inheritance law.
How Much Is the Compulsory Portion: Calculation Formula
The compulsory portion amounts to exactly half (50%) of the share you would have received under intestate succession if no will existed. This rule is codified in § 759 ABGB.
The calculation follows three steps:
- Determine the statutory share — what you would have received under intestate succession.
- Calculate the Pflichtteil — exactly half of the statutory share.
- Account for the net estate value — all assets minus debts, funeral expenses, and court costs.
Let us look at concrete examples.
Example 1: Spouse and two children. The testator left a will in favour of a charitable foundation. Net estate value: €600,000.
| Heir | Statutory share | Pflichtteil (½) |
|---|---|---|
| Spouse | ⅓ (€200,000) | ⅙ (€100,000) |
| Child 1 | ⅓ (€200,000) | ⅙ (€100,000) |
| Child 2 | ⅓ (€200,000) | ⅙ (€100,000) |
| Total | €300,000 |
Example 2: Sole child, no spouse. Net estate: €400,000. The child would inherit everything under intestacy (€400,000). Their Pflichtteil is €200,000 (half of €400,000).
The Pflichtteil is not a right to property but a monetary claim. Even if the estate consists only of an apartment, you cannot demand to be given that apartment. The heirs may sell it and pay you in cash.
— Austrian Supreme Court (OGH), ruling 2 Ob 219/23 d
As the examples show, accurate valuation of all assets is critical. If you suspect the estate has been undervalued, you are entitled to request a court-ordered inventory (Inventarisierung).
How Lifetime Gifts Affect the Calculation
One of the most important and complex aspects of Austrian inheritance law is the treatment of lifetime gifts made by the testator. Without this mechanism, a testator could easily circumvent the compulsory portion by giving away assets before death.
The rules on gifts are governed by §§ 781–787 ABGB and differ depending on who received the gift:
Gifts to compulsory portion beneficiaries (persons entitled to Pflichtteil) — are always added back, regardless of when they were made. For example, if a father gave €100,000 to one daughter ten years before his death, this amount is added to the estate when calculating the compulsory portion for other children. The daughter herself may credit the gift received against her own Pflichtteil claim.
Gifts to third parties (non-beneficiaries) — are added back only if made within two years before the testator’s death. Gifts made earlier are generally not included unless they were made with the intent to circumvent the compulsory portion.
According to Verlassenschaftservice.at, typical court disputes involve cases where the testator transferred real estate to a new spouse or distant relative shortly before death — such transactions can be challenged.
Example with gift calculation: Net estate: €300,000. 18 months before death, the testator gave €100,000 to a nephew (a third party). The deceased left one son, who is the sole heir under the will.
| Item | Amount |
|---|---|
| Net estate | €300,000 |
| + Gift to nephew (within 2-year window) | +€100,000 |
| = Calculation basis (Verteilungsmasse) | €400,000 |
| Son’s statutory share (100%) | €400,000 |
| Son’s Pflichtteil (½) | €200,000 |
| Minus gifts already received (€0) | –€0 |
| Amount payable | €200,000 |
Compulsory Portion vs Will: Which Prevails
Many people assume that a will determines everything and that heirs not mentioned in it get nothing. This is incorrect. A will cannot override the compulsory portion — it applies regardless of the testator’s wishes.
Even if the will explicitly states that you are “disinherited,” this does not deprive you of the Pflichtteil. For a complete forfeiture of the compulsory portion, especially grave grounds are required (see “Reduction and Forfeiture” below).
What this means in practice:
- If a will leaves everything to one child, the other child can still claim their Pflichtteil.
- If the testator bequeathed everything to a charity, the spouse and children can recover the compulsory portion from that charity.
- If a will completely ignores compulsory portion beneficiaries, they can either challenge the will in court or simply demand payment of the Pflichtteil.
Note that the Pflichtteil does not challenge the will itself — you are not trying to “overturn” the deceased’s wishes. You are simply exercising your legal right to a minimum share. If you wish to renounce the inheritance entirely (including any Pflichtteil claim), read our guide on renouncing an inheritance in Austria.
How to Claim and Enforce the Compulsory Portion
The process of claiming the compulsory portion consists of several steps. It is crucial to act methodically and not miss any deadlines.
Step 1: Gather Information
After the testator’s death, inheritance proceedings (Verlassenschaftsverfahren) begin. The court appoints a notary as judicial commissioner to assess assets and liabilities. You are entitled to request information about the estate’s composition and value from the notary.
Step 2: Determine Your Claim Amount
Based on the information obtained, calculate your Pflichtteil. If you disagree with the notary’s valuation, you can demand a court-ordered inventory (Inventarisierung) — an official appraisal with an expert valuer.
Step 3: Notify the Heirs in Writing
Send the heirs a written demand for payment of the Pflichtteil. It is recommended to use registered mail (Einschreiben) with return receipt — this will serve as proof that you asserted your rights within the deadline. Include your calculation and a reasonable deadline for voluntary payment.
Step 4: Court Enforcement
If the heirs refuse to pay voluntarily, you file a lawsuit with the district court (Bezirksgericht) that has jurisdiction over the inheritance matter. At this stage, it is strongly advisable to retain a lawyer specialising in inheritance law.
Step 5: Execution of Judgment
Once you obtain a court ruling in your favour, you can initiate enforcement proceedings (Exekution) if the heirs do not pay voluntarily. In extreme cases, this may involve seizing the heirs’ personal assets.
Statute of Limitations
Deadlines are one of the most critical — and dangerous — aspects of the compulsory portion. If you miss the deadline to claim the Pflichtteil, your right lapses irrevocably.
Under § 1487a ABGB, three time periods apply to the compulsory portion:
Primary period — 3 years. This runs from the moment you knew or should have known about the violation of your right (e.g., that the will excludes you or that the heirs refuse to pay). This is a subjective period — it depends on your awareness.
Minimum period — 4 years. Thanks to § 765 ABGB, heirs have the right to defer payment of the Pflichtteil for one year after the testator’s death. The Austrian Supreme Court (OGH 2 Ob 117/21a) ruled that this deferral “freezes” the start of the limitation period. Thus, even if you learn of your rights immediately after death, you have at least 4 years from the date of death to file a lawsuit.
Absolute limit — 30 years. Regardless of whether you knew about your rights, any Pflichtteil claim expires 30 years after the testator’s death.
The Supreme Court made clear in its ruling 2 Ob 199/22m: as soon as any of the periods expires — whether the 3 years from knowledge or the 30 years from death — the compulsory portion ceases to exist as a legal claim.
— OGH 2 Ob 199/22m
In practice, the most common mistake is delay. People assume they have years to think it over and miss the window. If you believe you are entitled to a Pflichtteil, do not postpone consulting a lawyer.
Reduction and Forfeiture of the Compulsory Portion
Austrian law provides for situations where the compulsory portion can be reduced or completely forfeited.
Reduction by Half (§ 776 ABGB)
If there was no close relationship (kein Naheverhältnis) between the testator and the compulsory portion beneficiary for at least 20 years before death, the court may reduce the Pflichtteil to half. However, as the Supreme Court emphasised in its ruling 2 Ob 2/26x (January 2026), this is only possible if the lack of contact was continuous up to the date of death. Even occasional contact shortly before death precludes a reduction.
Complete Forfeiture for Grave Reasons (§ 770 ABGB)
Complete forfeiture of the compulsory portion is possible only in exceptional circumstances listed in § 770 ABGB:
- The beneficiary committed a criminal offence against the testator or their close relatives.
- They abused the testator or systematically violated family duties.
- They led a dishonourable lifestyle contrary to the testator’s will.
- They were sentenced to at least 5 years in prison for an intentional crime.
Crucially, the burden of proving these grounds lies with the heirs seeking to deny you the Pflichtteil. In practice, courts rarely grant such petitions — typically only in cases involving proven violence.
Frequently Asked Questions
Can I challenge the will if I disagree with the compulsory portion?
The Pflichtteil itself does not require challenging the will. You simply assert a monetary claim against the heirs. However, if you believe the will was forged or made under duress, you can challenge it separately — in which case the Pflichtteil may be larger.
Does the compulsory portion affect taxes?
Yes. While receiving a Pflichtteil payment in cash is not subject to inheritance tax (Austria abolished inheritance tax in 2008), transferring real estate may trigger capital gains tax (ImmoESt). For more details, see our article on inheritance tax in Austria.
Can I waive my right to a compulsory portion in advance?
Yes. During the testator’s lifetime, you can enter into a notarised waiver agreement (Pflichtteilsverzicht). This is common in marriage contracts or business succession planning. After the testator’s death, waiving the compulsory portion is handled as part of the general inheritance renunciation procedure.
What if the heir obliged to pay lives abroad?
If the heir required to pay the Pflichtteil lives abroad, you can still enforce the claim through an Austrian court. Austrian court judgments are enforceable within the EU under Regulation (EU) No 1215/2012 (Brussels I bis).
Conclusion
The compulsory portion (Pflichtteil) is a vital tool for protecting family interests in Austrian inheritance law. Even if a will passes you over, the law guarantees you at least half of your statutory share.
Key takeaways:
- Only children, grandchildren (by right of representation), spouse, and registered partner are entitled to the Pflichtteil.
- The amount is 50% of the statutory share.
- It is a monetary claim against the heirs, not a right to specific assets.
- You have 3 years from knowledge of the violation (minimum 4 years from death, maximum 30 years) to claim it.
- Lifetime gifts made by the testator are factored into the calculation.
If you believe you are entitled to a compulsory portion, do not delay. Consult a lawyer, gather the documents, and send a claim to the heirs. A right asserted in time is the only way to protect it.
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