Care legacy in Austria:
Do relatives who provided care get more from the estate?
Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · Yes. Anyone who cared for the deceased in the last three years before death for at least six months to a not merely minor extent has been entitled to a statutory care legacy (Pflegevermächtnis) under Austrian law since 1 January 2017 (§ 677 ABGB). According to the legislative materials, care is as a rule not merely minor from an average of more than 20 hours per month. The legacy is due in addition to the share of the inheritance (Erbteil) or the compulsory share (Pflichtteil).
Key facts
- Since 1 January 2017, Austrian law grants a statutory care legacy (Pflegevermächtnis) to close persons who cared for the deceased for at least six months, to a not merely minor extent, in the last three years before death (§ 677 ABGB).
- According to the legislative materials, care is not merely minor as a rule if it averages more than 20 hours per month.
- The care legacy is due in addition to the share of the inheritance or the compulsory share and can be withdrawn only if there is a ground for disinheritance (§ 678 para 2 ABGB).
- Neighbours and friends have no claim under § 677 ABGB, even if they helped a great deal.
- The care legacy becomes time-barred three years from knowledge under § 1487a ABGB; the period begins at the earliest one year after the death (OGH 2 Ob 223/22s).
Who is entitled?
Only persons close to the deceased are entitled (§ 677 para 3 ABGB):
- persons from the group of statutory heirs, e.g. children, grandchildren, spouses, parents, siblings, nieces and nephews,
- their spouses, registered partners or unmarried partners and their children, e.g. the daughter-in-law,
- the unmarried partner (Lebensgefährte) of the deceased and his or her children.
Neighbours or friends have no claim under § 677 ABGB, even if they helped a great deal.
The requirements at a glance
| Requirement | Content |
|---|---|
| Period | within the last three years before death |
| Duration | at least six months |
| Extent | not merely minor, as a rule more than 20 hours per month |
| No remuneration | no agreed remuneration, no benefit given as compensation |
Care is any activity that ensures the necessary support and help for a person in need of care (§ 677 para 2 ABGB): personal hygiene, help with eating, accompanying to doctors, shopping, household.
If remuneration was agreed or a benefit was given as compensation, the claim lapses to the extent that the care has been compensated.
How much is the care legacy?
The amount depends on the nature, duration and extent of the services (§ 678 para 1 ABGB). The Austrian Supreme Court (OGH) looks at what appropriate remuneration would have had to be paid for the care, and takes as its guide the benefit to the deceased, in particular the costs saved (2 Ob 63/21k).
Example: A daughter cared for her mother for 18 months at around 40 hours per month. That makes 720 hours. At an assumed hourly rate of € 15, this would result in a care legacy of around € 10,800 – in addition to her share of the inheritance. The appropriate rate must be determined in the individual case.
The care legacy is in any event due alongside the compulsory share. It can be withdrawn only if there is a ground for disinheritance (Enterbungsgrund, § 678 para 2 ABGB).
How to assert the claim
The care legacy is not awarded automatically. Register it in the probate proceedings (Verlassenschaftsverfahren) with the court commissioner (Gerichtskommissär, a notary) and claim it from the heirs. If they dispute the claim, a court action remains.
Evidence is decisive. Helpful are:
- a care diary with date, activity and hours,
- the deceased's care allowance (Pflegegeld) decisions,
- confirmations from doctors or mobile care services, witnesses.
Document everything while you are providing care and act quickly after the death, because the care legacy becomes time-barred under § 1487a ABGB three years from knowledge; the period begins at the earliest one year after the death (OGH 2 Ob 223/22s).
Frequently asked questions
Does the care allowance count as remuneration?
Care allowance (Pflegegeld) is not agreed remuneration. If it was passed on to you, this must be examined in the individual case.
Do I get the care legacy even if I was disinherited?
Only if there is no ground for disinheritance. Disinheritance alone does not take it away.
Can the deceased exclude it in the will?
No, only if there is a ground for disinheritance. However, the deceased can direct that it is not due in addition to other benefits from the estate (§ 678 para 2 ABGB).
Have you cared for a relative? In a free first consultation we examine your claim and calculate your share with the ErbrechtCheck.
Book a first consultationoffice@advokat-wien.at+43 1 34 601 71Read more
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This article gives a general overview of Austrian law and does not replace advice on your individual case.