Section 672 ABGB sets default rules for the scope and duration of a testamentary maintenance legacy. The previous standard of living and self-sufficiency are central.
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 maintenance legacy under Section 672 ABGB covers, by default, food, clothing, housing, necessary education and the legatee’s other needs. The amount is generally measured against the legatee’s previous standard of living.
Its duration depends on self-sufficiency when the legacy was created. If the beneficiary was not self-sufficient at that time, maintenance generally continues until self-sufficiency. If the beneficiary was already self-sufficient, the default duration extends until death. The exact wording of the will remains decisive for interpretation.
A short orientation separates scope, duration and other legal bases.
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Separate the scope of maintenance, its duration and other legal bases for a legacy.
Section 672 ABGB includes, by default, food, clothing, housing, necessary education and the legatee’s other needs. The amount is generally linked to the previous standard of living.
Read the testamentary wording together with that person’s former living conditions and concrete needs. The article on interpreting an unclear will explains the general approach to wording.
If the legatee was not self-sufficient when the legacy was created, Section 672 ABGB provides maintenance, by default, until self-sufficiency. If the legatee was already self-sufficient at that time, the maintenance legacy runs, by default, until death.
The relevant starting point is therefore the date of creation and the economic independence existing then. Later changes must be assessed against that starting position.
A care legacy under Section 677 ABGB is based on defined care provided by a person close to the deceased. A statutory advance legacy and an education legacy have their own points of reference. Section 672 ABGB must therefore be assessed from the actual content of the testamentary gift.
Where classification is unclear, read the will, later additions and the factual circumstances together. The article on care legacies addresses the relevant care and evidence questions.
Section 672 ABGB names food, clothing and housing as part of the default maintenance. It also includes necessary education and the legatee’s other needs. The provision therefore describes the living support that the testamentary gift may cover under the statutory rule of interpretation.
The words “by default” matter. The statutory rule applies where the disposition does not provide a different answer. The complete will, later additions and any supplementary statements must therefore be read together.
For the amount, Section 672 ABGB refers, by default, to the legatee’s previous living conditions. The assessment is therefore individual. A fixed general allowance cannot answer the question on its own.
The review should document recurring housing, education, health and everyday costs together with the person’s previous financial circumstances. These records show which level of support the testator may have intended and which claimed items require a separate explanation.
If the legatee was not self-sufficient when the legacy was created, Section 672 ABGB provides maintenance, by default, until self-sufficiency. The first temporal question is therefore the economic independence existing at the time of creation.
If the person was already self-sufficient when the legacy was created, the provision grants maintenance, by default, until death. The two default rules use the original position as their reference point. A later change in an individual cost must be assessed separately from that classification.
A care legacy under Section 677 ABGB is a statutory legacy linked to defined care provided by a person close to the deceased. It therefore asks about care, the relationship and the statutory claim. A maintenance legacy under Section 672 ABGB asks about testamentary support and its scope.
An education legacy also has a narrower purpose than a broad maintenance legacy. A statutory advance legacy rests on its own legal basis. In an inheritance dispute, these gifts should be recorded in separate review steps so that their conditions and consequences are not combined.
Place the will and later additions, records of the beneficiary’s work and education situation at creation, and evidence of the previous standard of living in a chronological file. Housing costs, education expenses, recurring payments and relevant agreements can clarify the claimed needs.
Arrange the documents by the date of creation and by each cost category. Also record when self-sufficiency was reached or disputed. The article on interpreting an unclear will addresses testamentary meaning. The probate proceedings focus explains the estate context.
The default rules use different criteria for scope and duration.
| Review question | Point of reference | Default rule under Section 672 ABGB |
|---|---|---|
| Which needs are covered? | Food, clothing, housing, necessary education and other needs | Support according to the purpose of the maintenance legacy |
| How is the amount assessed? | The legatee’s previous standard of living | The individual former way of life rather than a flat amount |
| When does support end if the legatee was not self-sufficient? | Self-sufficiency at the time of creation | By default when self-sufficiency is reached |
| When does support end if the legatee was already self-sufficient? | Economic independence at creation | By default at the end of the legatee’s life |
The complete will may define the gift more closely or provide a different arrangement.
Review wording and context in an unclear testamentary disposition.
Classify the statutory care claim, evidence and objections.
Classify the care legacy, will and statutory relationship.
Claims, documents and the next step when performance is refused.
Estate administration, documents and further review questions.
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