Succession in Austria
15-02-2023

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8

Can my children renounce the inheritance in advance?

Potential heirs can already renounce their future inheritance in advance. Any declaration made in advance by which someone declares during his/her lifetime that they renounce their future right to an inheritance amounts to a renunciation of the succession. Such written statement has to be made by way of notarial act or legal record to be valid. Renouncing an inheritance means that the rules as to intestate succession and the reserved share regime do not apply (cf. § 515 ABGB). The reserved share also has to be renounced by notarial act. It allows forced heirs to renounce their legal reserved share during their lifetime.

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Österreichische Notariatskammer

Landesgerichtsstrasse 20

A -1010 Wien , Österreich

Tel.: +43 - 1 - 402 45 09

Fax: +43 - 1 - 406 34 75

kammer notar or at

www.notar.at

Information for non-EU European countries is available on the International Union of Notaries (UINL) website at the following link.