USANCEN: LegalNews October / 2

Oct 8, 2026

Dear Readers!

This week's newsletter once again features a selection of recent legal developments and rulings.

Forensic medical services in Austria are currently facing a number of significant challenges. The Court of Audit Committee focused particularly on staff shortages, funding issues, and lengthy processing times for post-mortem reports. The need for further expansion of emergency clinics for violence victim treatment was a key focus of the report as well.

The Austrian Supreme Court (OGH) addressed the question of the extent to which a statutory heir who has accepted their inheritance should be granted access to the deceased’s adult guardianship file after the decedent's death. The OGH clarified that, while heirs do have an extended right of access to health-related sections of such files, this does not entail complete and unrestricted access.

In a further decision, the OGH dealt with a declaration of acceptance of inheritance based on biological kinship with the testator, despite there being no legal descent. It then became necessary to clarify how such an inconclusive declaration of inheritance acceptance should be dealt with under the Austrian Non-Contentious Proceedings Act (AußStrG).

We hope you find the articles interesting and look forward to receiving your feedback at usancen@lawthek.eu.

Kind regards,

The Editorial Team

Civil Law

No Unrestricted Access to Court Files for Heirs

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to determine the extent to which a statutory heir who had filed a declaration of acceptance of the inheritance was entitled, following the protected person’s death, to in...

(8. Oktober 2026)

Civil Law

Acceptance of Inheritance in the Absence of Legal Parentage

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently considered whether a statement of acceptance of inheritance should be rejected on procedural grounds or dismissed on its merits where the applicant asserted biological de...

(8. Oktober 2026)

Public Law

Serious Deficiencies in Austrian Forensic Medicine

The provision of forensic medical services in Austria is currently subject to a number of significant challenges. On 8 September 2026, the Austrian Public Accounts Committee considered a report issued by the Austrian Court of Audit. The deliberations...

(8. Oktober 2026)

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USANCEN: LegalNews October / 2

No Unrestricted Access to Court Files for Heirs

Acceptance of Inheritance in the Absence of Legal Parentage

Serious Deficiencies in Austrian Forensic Medicine

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