As a general rule, a testator is free to designate their heirs in a last will and testament. However, this freedom of testation is limited by the statutory rules on compulsory portions. Our lawyers ensure that our clients’ compulsory portion claims are not circumvented and that unfounded compulsory portion claims are effectively defended against, both in and out of court.
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Enforcement of Valid Compulsory Portion Claims
Under Austrian law, descendants and spouses are entitled to a compulsory portion. These claims must be asserted either in probate proceedings or by way of a compulsory portion action. Judicial enforcement is typically necessary where no agreement can be reached with the heir regarding the amount of the claim or where there are attempts to circumvent compulsory portion rights in the distribution of the estate.
In compulsory portion proceedings, it is often crucial to establish the correct basis for calculating the claim. In this context, our lawyers focus in particular on issues relating to gifts made during the deceased’s lifetime and suspicions of concealed assets, both of which may significantly increase the value of compulsory portion claims. To this end, we have successfully asserted claims for information and accounting against recipients of lifetime gifts from the deceased and have also obtained court-ordered disclosure of accounts by heirs.
Defense Against Unfounded Compulsory Portion Claims
In certain circumstances, persons entitled to a compulsory portion may be validly disinherited by will. In such cases, they are no longer entitled to any compulsory portion and any claims asserted by them may therefore be unfounded. GIBEL ZIRM Attorneys at Law support clients, with the assistance of experienced inheritance law specialists, in both the judicial and out-of-court defense against unjustified compulsory portion claims.
It is also possible to reduce the compulsory portion by half if this reflected the deceased’s last will and testament and if, over a prolonged period, there was no close relationship with the person entitled to the compulsory portion. In such cases, too, our lawyers have successfully defended against excessive compulsory portion claims in numerous proceedings.
We Are the Right Choice
Whether you wish to enforce your own compulsory portion claims or are facing excessive or unjustified claims against you, we will provide you with strong legal support. Contact us for expert advice and representation in all compulsory portion matters.
