Are you entitled to a compulsory share and want to know how much time you have left? The short answer: three years from the date you become aware of the death, but at least four years from the date of death, and no more than thirty years in total. Section 1487a of the Austrian Civil Code (ABGB) applies. The details determine whether your claim to a compulsory portion will be successful or time-barred in each individual case. This article clarifies the time limits and explains what applies according to current Supreme Court case law.
Key deadlines at a glance
Section 1487a of the Austrian Civil Code (ABGB) has provided uniform rules governing the statute of limitations for the compulsory share since the 2015 Inheritance Reform Act (ErbRÄG). Three key points apply.
The three-year period begins on the date you become aware of the facts giving rise to the claim. In practice, this subjective time limit is the most common pitfall.
The thirty-year period begins upon the testator’s death, regardless of whether you are aware of it. This objective time limit sets an absolute upper limit.
Once either of these two time limits has expired, the claim is barred by the statute of limitations. The Supreme Court explicitly clarified this in 2 Ob 199/22m.
Section 1487a of the Austrian Civil Code (ABGB) does not apply solely to the pecuniary portion. It also applies to the contesting of wills, to claims against donees under Section 789 of the ABGB, and to other rights arising from a transaction upon death.
Why it’s actually at least four years
The three-year deadline may seem tight, but it is mitigated by a second provision. Section 765(2) of the Austrian Civil Code (ABGB) defers the heir’s obligation to pay the statutory share by one year following the death.
According to OGH 2 Ob 117/21a, this suspension of the statute of limitations postpones the start of the limitation period. The result is a de facto minimum period of four years from the date of death.
However, you can file a lawsuit to claim your statutory share even before the one-year period expires (OGH 2 Ob 49/19y). Only the enforcement of the judgment must wait.
The four-year minimum limitation period also applies to a legacy for care under § 677 of the Austrian Civil Code (ABGB) (Supreme Court 2 Ob 223/22s) and, by analogy, to a subsidiary claim against the donee (Supreme Court 2 Ob 214/22t). The Supreme Court provides a convincing rationale for this: the subsidiary claim may not become time-barred before the principal claim.
What exactly does “knowledge” mean?
The three-year statute of limitations begins when the facts relevant to the claim become known. The Supreme Court draws a parallel to the statute of limitations for claims for damages under § 1489 of the Austrian Civil Code (ABGB).
In principle, positive knowledge is required (OGH 2 Ob 199/22m). However, anyone who has concrete grounds for suspicion has a duty to investigate. The court must not exceed the scope of this duty (OGH 2 Ob 117/21a).
On the other hand, mere ignorance of the law is detrimental. A person who is aware of the facts but misjudges the legal outcome cannot rely on that ignorance (Supreme Court 2 Ob 169/21y).
Specifically, what do you need to know?
You must be aware of the decedent’s death. You must know your status as a child, spouse, or registered partner. And you must know your specific entitlement to a statutory share.
The exact amount of the statutory share does not need to be determined. Otherwise, in complex estates, the statute of limitations could drag on for decades, which would contradict the rationale behind § 1487a of the Austrian Civil Code (ABGB).
What should you do if you don't know the amount?
You have three options available to you. You may file a petition for an inventory of the estate pursuant to Sections 778(1) and 804 of the Austrian Civil Code (ABGB). You may request information from the estate pursuant to Section 796 of the ABGB and Article XLII(1) of the Austrian Code of Civil Procedure (EGZPO). And you may file a staged action pursuant to Article XLII(3) of the EGZPO, which simultaneously interrupts the statute of limitations.
Legacy and Gifts During One's Lifetime
Gifts made under § 781 of the Austrian Civil Code (ABGB) increase the deemed estate. This also increases the basis for calculating the statutory share. If the estate is insufficient to cover the claim, the donee is secondarily liable under § 789 of the Austrian Civil Code (ABGB).
The following applies to the statute of limitations: The decisive factor is knowledge of the specific gift. If there are multiple donees, different limitation periods may therefore apply.
The right to information against the estate and the donee under § 786 of the Austrian Civil Code (ABGB) is your primary tool for obtaining information. Its statute of limitations follows that of the statutory share.
Caution regarding circumvention schemes: According to OGH 2 Ob 80/18f, a gift to a child-in-law followed by a subsequent onward gift may be deemed a circumvention scheme. Section 1487a of the Austrian Civil Code (ABGB) then protects the beneficiary of the statutory share.
Bequest to cover the statutory share
Bequests become due upon death (Section 685 of the Austrian Civil Code). A one-year deferral applies only to monetary bequests and to property not included in the estate.
A bequest of property intended to cover the statutory share therefore becomes time-barred three years after the heir becomes aware of it. The four-year extension does not apply in this case.
If the bequest does not fully cover the statutory share, the longer statute of limitations applies to the remaining monetary portion of the statutory share. Note: If the bequest is already time-barred, the full monetary portion of the statutory share cannot be claimed instead.
So anyone who receives a bequest should decide quickly: accept it, claim the statutory share in addition to the bequest, or decline it.
Inheritance dispute as a ground for suspension
What happens if several people claim the inheritance and the probate proceedings take years?
The Supreme Court has clarified this. According to 2 Ob 35/21t and, most recently, 2 Ob 161/25b, a pending inheritance dispute suspends the statute of limitations for the right to a compulsory share. The limitation period does not begin to run until the order granting the inheritance becomes final; in any event, the statute of limitations is suspended until that time.
Once the inheritance dispute has been resolved, you must file the action for the statutory share within a reasonable time. The rationale is practical: before the status of the heirs has been clarified, filing the action would be unreasonable because the defendant has not yet been identified.
Transitional provisions for cases dating from before 2017
Section 1503(7)(9) of the Austrian Civil Code (ABGB) applies to inheritances arising before January 1, 2017, where claims had not yet become time-barred as of that date.
In these circumstances, the three-year period begins on January 1, 2017, regardless of whether the party was aware of the situation (Supreme Court 2 Ob 174/22k, 2 Ob 151/24f). This is based on the principle of protection of legitimate expectations.
A teleological reduction is warranted only in cases where the statute of limitations had not yet begun to run under the old law (Supreme Court 2 Ob 175/22g regarding postmortem paternity determination; Supreme Court 2 Ob 161/25b).
For existing cases, this means that the transitional rule may shorten or extend the deadline. It is always worth taking a closer look at each individual case.
Your Strategy as a Beneficiary of a Statutory Share
If you believe you are entitled to a statutory share, don’t wait. Three steps will help secure your position.
First, obtain the estate records and request an inventory. Second, assert your right to information against the heirs and donees. Third, file a staged lawsuit in a timely manner to interrupt the statute of limitations.
The sooner you act, the better you can preserve evidence and meet deadlines.
Your Strategy as an Heir
The opposite applies to heirs. Anyone who, out of courtesy, defers payment of the statutory share for a few years inadvertently extends the statute of limitations.
According to OGH 2 Ob 117/21a, a simple deferral of payment has the same effect as a stay of enforcement and suspends the statute of limitations.
If you want clarity, enter into a written agreement that clearly specifies the due date, the consequences of default, and—if desired—an explicit waiver of the statute of limitations.
Frequently Asked Questions About the Statute of Limitations for the Statutory Share
How long do I have to claim my statutory share?
Three years from the date of discovery, but in any case 30 years after death. The practical minimum period is four years from the date of death.
When does the three-year period begin?
As soon as you become aware of the death, your right to a statutory share, and, if applicable, any gifts that must be taken into account.
Do I need to know the amount of my statutory share?
No. The statute of limitations continues to run even if you do not know the exact amount. Use the inventory, information request, and staged lawsuit to determine the amount and stop the statute of limitations from running.
Does the statute of limitations for the claim against the recipient differ?
No. The same three-year period applies, with a minimum period of four years from the date of death (OGH 2 Ob 214/22t).
Does an ongoing inheritance dispute suspend the statute of limitations?
Yes. According to Supreme Court decisions 2 Ob 35/21t and 2 Ob 161/25b, a dispute over inheritance rights suspends the statute of limitations on the claim for a compulsory share.
Have your statutory share assessed – Initial consultation in Vienna
Would you like to know whether your claim to a statutory share is still enforceable, or what deadlines apply to your status as an heir? Schedule an initial consultation at the Weinrich law firm in 1010 Vienna. We will review the deadlines, secure evidence, and handle statutory share proceedings from the inventory of assets through to staged litigation.
