The heirs say they have no money for my compulsory share. Do I have to wait?
Your co-pilot in inheritance law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Inheritance law
He had no money. But he had the house.
No money
The mother leaves a house. The will says: the son gets the house. The daughter receives only the compulsory share.
When she claims it, her brother shrugs: “I have no money. You’ll have to wait until I sell at some point.” At some point. The daughter thinks there is nothing she can do.
He had no money. But he had the house.
That changes everything. The compulsory share is a monetary claim against the person who inherits. Whether he has the money in his account is his business. He can take out a loan, mortgage the house or sell it. And as long as he does not pay, interest accrues, from the day of death.
In the end the siblings agree: the brother takes out a loan secured on the house and pays his sister out. The house stays in the family.
The lesson: you have to wait one year. After that, “no money” is no longer an answer.
What the law says
- The compulsory share is a monetary claim against the heirs (section 761 of the Austrian Civil Code, ABGB). You do not get a piece of the house, but money.
- Due after one year: you can claim the compulsory share at the earliest one year after the death. Statutory interest, however, runs from the day of death (section 778 ABGB).
- “No money” is no defence. Whoever inherits must pay the compulsory share from the estate or from their own funds, if necessary through a loan or a sale.
- Deferral: the deceased can order a deferral in the will. In addition, the court can, on application, grant a deferral or instalments if immediate payment would be unreasonably harsh, for example because the family home or the business would otherwise have to be sold (sections 766, 767 ABGB). This is limited in time, in principle to five years, in special cases up to ten years after the death.
- Protection: anyone who fears that the estate will disappear can apply during the proceedings for the estate to be kept separate (section 812 ABGB).
- Limitation: the claim becomes time-barred three years after you learn of the death and the will (section 1487a ABGB). Wait too long and you lose it.
What you should do now
- Assert the compulsory share early and in writing, ideally already in the probate proceedings.
- Have the valuation checked. With houses, valuations often differ widely.
- Instalments only with security: for example a mortgage on the house, and with clear dates.
- Keep the limitation period in mind. Polite waiting must not turn into a loss.
Who is entitled to a compulsory share at all: Disinherited – what can I do? Grounds for disinheritance →
The heirs are not paying your compulsory share?
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