Partial acceptance of inheritance and provisional renunciation of inheritance

Mar 12, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (OGH) decides on Legal Succession of Intestate Decedents.

No substantiated basis for disqualification from inheritance

In the present case, the testator passed away in 2023 intestate, survived by two daughters (the first and second applicants) and two grandchildren, who are the children of a predeceased son. The first applicant asserted a claim to the entire estate, contending that her sister was disqualified from inheriting due to alleged financial misconduct and breaches of her duties within the parent-child relationship.

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) established that unworthiness to inherit arises solely in instances of substantiated criminal conduct or significant breaches of duty. The responsibility to demonstrate grounds for such unworthiness rests with the individual making the claim. As the accusations were not substantiated, the sister retained her legal right to inherit.

Conditional renunciation in cases of non-performance

The son who died before the deceased had two children, each entitled to one-sixth of the estate, but they failed to file an inheritance acceptance declaration despite a court order.

The OGH clarified that non-compliance with the deadline prescribed by Section 157 of the Austrian Non-Contentious Proceedings Act (Ausserstreitgesetz, AussStrG) does not constitute a permanent forfeiture of inheritance rights. Instead, such inaction is provisionally regarded as a renunciation of inheritance. Consequently, the two daughters initially receive the legal share, facilitating the completion of probate proceedings with respect to the entire estate.

Partial acceptance of inheritance has the same effect as partial renunciation

The second applicant asserted entitlement to only one third of the estate, despite possessing a legal right to half. The OGH determined that the failure to claim the remaining portion during probate proceedings should be regarded, on a provisional basis, as a partial renunciation of inheritance. Consequently, the unclaimed share was initially allocated to the first applicant. Simultaneously, the OGH clarified that the heir retains the right to broaden her acceptance of the inheritance to encompass the full legal share until the grant of inheritance is effected.

The statutory inheritance rights were allocated as two-thirds to the first applicant and one-third to the second applicant. This determination reflects both the provisional waiver by the grandchildren and the partial declaration of inheritance submitted by the second applicant, ensuring accurate distribution of the remaining shares in the proceedings. The second applicant retains the right to increase her share of the inheritance until the transfer of ownership is finalized, while the first applicant will receive the remainder of the estate.

OGH 2 Ob 184/25k (20 January 2026)