Review disinheritance strictly.
Disinheritance needs a legally robust basis and concrete facts. A mere lack of contact should not be treated as every statutory ground.
Compulsory portion
Disinheritance after no contact, when the compulsory portion still remains
No contact does not automatically remove the compulsory portion. Will, reduction, evidence and limitation must be reviewed.
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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.
17 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 16 July 2026
No contact within a family does not automatically mean that the compulsory portion is lost. In an inheritance dispute, disinheritance, reduction and mere estrangement must be reviewed separately.
This article is narrower than the general guide on claiming the compulsory portion after disinheritance. It explains what evidence matters and when the article on challenging a reduction becomes relevant.
Classify the compulsory portion
Does no contact justify disinheritance?
Answer one short question to identify the first review step.
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What is the main issue after no contact?
This separates disinheritance, reduction and evidence.
All paths at a glance
Overview of all answers.
Focus: Compulsory portion →
Review reduction separately.
Reduction of the compulsory portion and deprivation are different tools. Evidence about estrangement must fit the statutory requirements.
Evidence will drive the dispute.
No contact is often described emotionally. Legally, messages, visits, care, conflict history and witnesses matter more.
Why no contact does not automatically remove the compulsory portion
Why no contact does not automatically remove the compulsory portion
Section 756 ABGB protects close relatives even when a will excludes them. Deprivation or reduction requires more than the assertion that there was no contact for years.
First check whether the will truly disinherits, merely reduces or only benefits others. Evidence and deadlines are reviewed after that.
How disinheritance and reduction differ
How disinheritance and reduction differ
Deprivation of the compulsory portion and reduction are not the same. Mixing them usually makes the argument too broad and misses the real issue.
Where no contact is alleged, duration, cause and responsibility for estrangement matter. A serious family conflict still needs legal classification.
Which evidence helps in the family conflict
Which evidence helps in the family conflict
Useful evidence is a verifiable timeline. Messages, attempted visits, care, apologies, witnesses and health burdens may all matter.
Potential claimants should collect records before reacting emotionally. Heirs should not assume no contact is obvious if the file suggests a different history.
When an out-of-court solution remains sensible
When an out-of-court solution remains sensible
Many no-contact cases can settle once compulsory portion, estate value and litigation risk are assessed realistically. A settlement is durable only if the legal position is understood.
Disclosure, valuation and possible gifts should be clarified before signing a waiver. Otherwise the quick settlement becomes the next dispute.
No contact is not decided by moral judgement alone. Will, statutory requirements, evidence and calculation must fit together.
Frequent questions
Disinheritance after no contact
Can a child be disinherited because of years without contact? +
Not automatically. A legally robust basis and evidence are required. The compulsory portion may still remain.
How is reduction different? +
Reduction does not fully remove the claim. It reduces it and has its own requirements and evidence questions.
Which records should be secured? +
The will, correspondence, visit records, care records, witness information and estate value documents are especially important.
Topics
DisinheritanceNo contactCompulsory portionReductionInheritance dispute
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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