Compulsory portion and real estate: The most important information for heirs

Compulsory portion and real estate: The most important information for heirs

With regard to the inheritance challenges in Austria, many families face difficulties, especially when real estate is involved. The legal provisions for the compulsory portion are crucial: They guarantee that close relatives, such as children and spouses, are also entitled to a certain amount of money from the deceased's estate. According to anwalt.de this means that although compulsory portion cannot claim the house themselves, but may request a financial compensation from the value of the inherited real estate.

An often ignored aspect is the assessment of real estate when calculating the compulsory portion. The value is determined based on the market value, which can lead to disputes between the heirs, especially if higher real estate values ​​are found. Lawyer Maria Christina Kolar-Syrma from the FSKN Rechtsanwälte GmbH law firm explains that natural maintenance can also lead to a reduction in financial duty if, for example, real estate or securities are transferred to children. These transfers can help to secure maintenance and at the same time maintain a compulsory portion.

financial structures and challenges

A central problem for inheritance can be liquidity. If there are no sufficient liquid funds to pay the compulsory portion, this could cause the inherited house to be sold - an emotionally stressful decision. According to the CDR law firm Legal, it is possible to pay the compulsory portion through installment payments or other deferral options in order to avoid financial overwhelming. This could be particularly relevant if the real estate accounts for the majority of the estate and there are no other liquidable assets.

Another critical point is the so -called compulsory supplement. If the testator has given away real estate during his lifetime, they are used to calculate the compulsory portion. This means that potential heirs who want to do without a gift must be aware of the consequences, as krone.at