Clarify the adoption order and effective date
Start with the adoption order, the date on which it became effective and the specific form of adoption. These points determine which legal lines need to be examined.
Inheritance dispute
Adopted child in an inheritance dispute: inheritance rights and compulsory portion
Adoption changes inheritance lines. In a dispute, section 197 ABGB, the form of adoption and the distinction between biological and adoptive relatives matter.
Your contact
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
18 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 10 July 2026
After the death of an adoptive parent, an adopted child may dispute heirship, a compulsory portion or the scope of the adoption with other relatives. The decisive questions include whether the adoption order was effective, whether it was a stepchild adoption and which family-law relationships remain.
The adoption record, effective date, will and probate file must be read together. This article separates heirship from the compulsory portion calculation and classifies biological and adoptive family lines under sections 197 and 199 ABGB.
Classify the adoption and succession issue
Which question should be answered first?
The short assessment leads from the concrete record to the relevant succession review.
Already know you want to get in touch? Go straight to the enquiry form.
Which classification is open in your case?
For adopted children, the adoption record, family line and compulsory portion question must be reviewed separately.
All paths at a glance
Overview of all answers.
Focus: Inheritance dispute →
Separate heirship from the compulsory portion calculation
Classify statutory heirship, compulsory portion, the will and estate values separately. An adopted child may be treated like a child for succession, but the concrete claim depends on the estate and the people involved.
Classify family lines under sections 197 and 199 ABGB
Where biological and adoptive relatives assert different rights, the effects of the specific adoption must be reviewed. Sections 197 and 199 ABGB provide different points of reference for that review.
How adoption can affect heirship
How adoption can affect heirship
Section 197(1) ABGB generally creates between the adopter and the adopted child the same rights as those established by descent. An adoption by one person and an adoption by spouses can nevertheless leave biological family relationships in different positions.
Section 199 ABGB contains specific rules for inheritance relationships with biological parents and for statutory succession in the second line. It is therefore not enough to look only at the label adopted child or stepchild.
Which records support the compulsory portion review
Which records support the compulsory portion review
The first document set should contain the adoption order or agreement, its effective date, birth and family-status records and the death certificate. For the succession side, add the will, probate file, estate inventory and correspondence from the court commissioner.
The compulsory portion review also requires estate values, debts and relevant lifetime transfers to be organised. Separate claims concerning the adoptive parent's estate from possible inheritance relationships with the biological family.
How to prepare the next step in probate
How to prepare the next step in probate
First prepare a short timeline covering the effective date of the adoption, the date of death, the will and the procedural stage reached so far. Then mark whether the dispute concerns heirship, the compulsory portion share, individual estate assets or family classification.
A letter to the court commissioner or another participant should address that exact issue and identify the relevant record. This keeps clear whether the next step concerns heirship, estate information or calculation of a compulsory portion.
Practical point: For adopted children, family terminology alone is not decisive. The adoption record, its effective date, family lines and estate documents must be reviewed together.
Frequent questions
Adopted child in an inheritance dispute: inheritance rights and compulsory portion
Does an adopted child automatically have the same heirship as a biological child? +
Section 197(1) ABGB generally links the rights between adopter and adopted child to descent. The precise scope and the relationship with the biological family must also be reviewed under the form of adoption and section 199 ABGB.
Does an adopted child have a compulsory portion claim? +
That may be the case in relation to the adoptive parent if the statutory requirements are met. The amount requires a joint calculation of the will, other protected heirs, estate values and debts.
Why does the biological family still matter? +
Adoption does not end every inheritance relationship with the biological family in every situation. Sections 197 and 199 ABGB distinguish between adoption structures, so the record and the people involved are decisive.
Topics
Adopted childCompulsory portionStatutory successionInheritance dispute
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000