When a change in estate representation takes effect under section 171 AußStrG and why every authorised claimant heir must give notice.
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.
A change in the form of estate representation under section 171 AußStrG takes effect once the court or court commissioner has been notified by all authorised claimant heirs. The agreement between the people involved and receipt of the complete notice therefore need to be examined separately.
This article explains the relevant point in time, the role of section 810 ABGB and the records that make a change of representation traceable in probate proceedings.
The short assessment separates the complete notice, the participation of every person and proof of receipt.
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First identify the authorised claimant heirs, the new arrangement and how the notice reached the proceedings.
Under section 171 AußStrG, a change becomes effective once all authorised claimant heirs have notified the court or the court commissioner. Organise the names, declarations of acceptance and intended new form of representation in a traceable document.
A single communication does not reach the effective moment under section 171 AußStrG if other authorised claimant heirs are missing. Check who is entitled to represent under section 810 ABGB and whether each person has notified the change.
The notice must reach the court or the court commissioner. Keep the submitted version, recipient and time of receipt. This shows when the notice from all authorised claimant heirs was complete.
Section 171 AußStrG links the effect of a change in the form of representation to a clear point in time. The relevant event is receipt of the notice by the court or court commissioner. The notice must come from all authorised claimant heirs.
The submission should therefore describe the new form of representation clearly. Several coordinated communications should be capable of being linked to one another. The decisive issue remains when the complete notice reaches one of the bodies named in the statute.
Section 810(1) ABGB gives an heir who sufficiently establishes the inheritance right when accepting the inheritance the right to use and administer the estate and to represent it, unless the probate court orders otherwise. Where these conditions apply to several people, they exercise the right jointly unless they agree on another arrangement.
Before a notice under section 171 AußStrG is given, the current group of authorised claimant heirs must therefore be identified. Heir status alone does not answer the question for every procedural stage. The declarations of acceptance, court documents and any order of the probate court are relevant.
The statute names two possible recipients: the probate court and the court commissioner. The court commissioner conducts the proceedings on the court’s behalf, receives procedural declarations and forwards relevant material. The file should show where the notice of the change was sent.
An internal understanding between claimant heirs does not replace receipt by the court or court commissioner. Keep the submitted version, recipient, attachments and proof of receipt together.
Section 810(1) ABGB allows several authorised persons to agree on a different way of exercising the right of representation. That agreement explains the arrangement the parties want to use. Section 171 AußStrG additionally determines when the change takes effect in the proceedings.
The review therefore has two connected questions: Which form of representation did the people involved agree on and when was that change fully notified? A signature on an internal agreement does not replace notice by all authorised claimant heirs to the court or court commissioner.
A reliable chronology includes the declarations of acceptance, court orders or communications about representation, the agreement on the new form and every submitted notice. Add the recipient, method of delivery and receipt for each document.
Arrange the documents in the order in which they were sent. This shows whether every authorised claimant heir is included and which point in time is relevant for the complete notice. Any court order must also be compared with the agreed form of representation.
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