Yes, disinheriting a child in Austria is legally possible but tightly constrained by the ErbRÄG 2015 (Inheritance Law Amendment Act), which codified forced heirship rules. Austrian law prioritizes the Pflichtteilsrecht, guaranteeing children a minimum statutory share of the estate, regardless of the testator’s wishes. Exceeding this threshold requires meticulous documentation to withstand legal challenges.
Key Regulations for Disinheriting a Child in Austria
- Forced Heirship Entitlement: Children (including adopted and illegitimate) are entitled to 50% of their statutory share if the deceased leaves descendants. The statutory share is calculated as half of the intestate share (e.g., 1/8 of the estate for one child in a nuclear family).
- Valid Grounds for Disinheritance: The ErbRÄG 2015 permits disinheritance only for specific, enumerated reasons under § 768 ABGB, such as severe crimes against the testator or gross neglect of familial duties. Vague moral judgments are insufficient.
- Formal Requirements: Disinheritance must be explicitly stated in a notarial will or inheritance contract, with precise justification. Ambiguity risks nullification by Austrian probate courts (Verlassenschaftsgericht).
Disinheriting a child without adhering to these provisions risks partial or full reinstatement of the child’s forced share via judicial review. The 2026 Austrian Civil Code Reforms (pending parliamentary approval) may further tighten evidentiary standards for disinheritance claims, emphasizing the testator’s proportionality in asset distribution. Consultation with a Rechtsanwalt specializing in succession law is advisable to mitigate litigation exposure.