Austrian Supreme Court redefines inheritance rights after family reconciliation
A recent Supreme Court ruling in Austria has clarified inheritance rights for estranged family members who later reconcile. The case involved a father who attempted to reduce his son's compulsory portion of the inheritance, despite their renewed close relationship before his death. The decision sets a clear precedent on how long-term estrangement and later reconciliation affect inheritance claims.
Under Austrian law since 2017, a parent can reduce a child's compulsory inheritance share if there was prolonged lack of contact before death. However, the Supreme Court has now confirmed that this reduction does not apply if regular contact is reestablished before the parent passes away.
In this casenet, the father had initially cut his son's inheritance, arguing that their earlier estrangement justified the move. But in the final year of his life, the two had reconciled, even playing chess together regularly. The Vienna Civil Court and Higher Regional Court both ruled that the son was entitled to the full compulsory portion, as their relationship had become as close—or even closer—than many typical parent-child bonds.
Previously, Austrian courts often sided with parents who reduced inheritances, provided there was no gross unfairness or immoral behaviour. Cases like 4 Ob 52/15g and 7 Ob 142/18w had shown this trend. However, the son's parentsquare to challenge the will in court ensured he received his full inheritance rights.
The ruling confirms that reconciliation before death cancels out earlier estrangement when determining inheritance. The son's legal action secured his full compulsory share, reinforcing that renewed family ties must be considered. This decision may influence future cases where estranged relatives later rebuild their relationships.
