In principle, the testator can determine their heirs in a last will and testament. However, their testamentary freedom is limited due to the legally binding compulsory portions. Our lawyers ensure that our clients' mandatory inheritance claims are not circumvented and that unjustifiably asserted mandatory inheritance claims are defended against in court.
Services and offer for probate litigation and inheritance disputes
Enforcement of justified mandatory inheritance claims
Descendants and spouses are entitled to a compulsory portion in Austria. Their claims must be enforced either in probate proceedings or by means of an action for a compulsory portion. Judicial enforcement is typically necessary if no agreement can be reached with the heir on the amount of the claims or if there are attempts to circumvent the compulsory portion in the distribution of the estate.
When successfully conducting compulsory portion proceedings, it is usually crucial to demonstrate the basis for calculating the claims. In doing so, our lawyers primarily investigate gifting issues and suspicions of "concealed assets", which can result in significantly higher mandatory inheritance claims. To this end, we have already successfully asserted claims for information and accounting against the deceased's gift recipients or enforced the opening of accounts against the heirs.
Defense against unjustified mandatory inheritance claims
Under certain circumstances, it is possible to completely disinherit the beneficiaries of the compulsory portion in the will. As a result, they are no longer entitled to any mandatory inheritance claims and are ultimately wrongly claimed. GIBEL ZIRM attorneys at law support our clients with proven inheritance law specialists in the judicial and extrajudicial defense against unjustified mandatory inheritance claims.
It is also possible to reduce compulsory portions to half if this was the deceased's last will and testament and there was no longer a close relationship with the beneficiary of the compulsory portion over a long period of time. In such cases, too, our lawyers have already successfully defended against excessive compulsory portion claims in numerous proceedings.
We are the right choice
Regardless of whether you want to enforce your own mandatory inheritance claims or whether excessive mandatory inheritance claims are being made against you: In both cases, we will provide you with legal redress. Contact us for expert advice and representation in compulsory portion matters.
