Unworthiness to inherit
A person is unworthy to inherit if serious misconduct against the deceased causes them to lose their right of inheritance and their compulsory portion, for instance an intentional crime against the deceased’s life.
Unworthiness arises by operation of law where someone has made an attempt on the deceased’s life, committed a serious criminal act against them, or thwarted or forged their last will. Unlike disinheritance, it does not have to be expressly ordered.
The unworthy person is treated as if they had not survived the deceased. Their share accrues to the other beneficiaries or falls to statutory succession. The deceased may, however, forgive the unworthiness.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
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Disinheritance
Disinheritance deprives a person otherwise entitled to a compulsory portion of that portion. It is permitted only on the serious grounds listed in the law and must be ordered by will.
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Statutory succession
Statutory succession governs who inherits when there is no valid will. It allocates the estate by lines of descent and the position of the surviving spouse.
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Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
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