Beste Nachlassplanung Anwälte in Österreich

1. About Nachlassplanung Law in Austria

Nachlassplanung in Austria refers to the set of legal strategies and tools used to arrange the distribution of assets after death. The main aim is to protect family members, minimize disputes, and ensure wishes are respected. Core instruments include wills (letztwillige Verfuegung), Erbverträge (hereditary contracts), and arrangements for guardianship or executors. Austrian law also covers Pflichtteilsrechte which safeguard close relatives against being completely disinherited.

In Austria, the Allgemeines Bürgerliches Gesetzbuch (ABGB) forms the backbone of inheritance rules. It governs how assets are divided, who inherits, and how mandatory portions are allocated. Wills and Erbverträge must align with these mandatory protections and with cross-border rules when relevant. Executors and guardians can be appointed to implement the plan and manage estate administration.

Recent developments emphasize cross-border planning due to Austria’s participation in European Union rules. The EU Regulation on inheritance coordinates jurisdiction, applicable law, and recognition of decisions across member states. This affects Austrians with assets or heirs in other countries and influences how Austrian documents are prepared and executed.

Source note: The ABGB remains the foundational framework for Austrian inheritance, while the EU Erbrechtsverordnung (Regulation 650/2012) governs cross-border succession matters in Austria since 2015. See official tax and civil law information portals for details.

Key takeaway: Effective Nachlassplanung requires understanding both domestic rules found in ABGB and, when cross-border assets exist, the EU framework governing international successions.

2. Why You May Need a Lawyer

Consulting a solicitor, attorney or legal counsel specialized in Nachlassplanung can prevent costly mistakes and disputes. The following concrete scenarios illustrate situations where legal assistance is essential in Austria.

A family home with competing heirs - A parent wants to leave the home to a single child but preserve rights for a spouse. A lawyer helps draft a will or Erbvertrag that respects Pflichtteil rules while avoiding future ownership conflicts or forced sale. They also advise on tax implications and potential partition proceedings if disputes arise.

Cross-border wealth and assets in another EU country - An Austrian resident owns property in Germany and bank accounts in Italy. A lawyer can align the will with EU Regulation 650/2012, determine which law applies, and prepare European Certificate of Succession where appropriate. This helps prevent multi-jurisdictional conflicts and delays.

Business succession and ownership structures - A founder wants to transfer a family business to a child while ensuring minority protections for non-family employees and avoiding forced sale of shares. A Nachlassplanung lawyer can craft an Erbvertrag or structured will with clear governance and buy-sell mechanisms. This supports continuity and reduces intra-family disputes.

Disinheritance or contested dispositions - If a testator attempts to exclude a spouse or child, a lawyer evaluates the viability of the plan and ensures compliance with Pflichtteil requirements. They also prepare a robust testament to withstand challenges in court and provide alternative protective measures.

Digital assets and modern estate planning - Plans now increasingly address online accounts, digital currencies, and virtual assets. A lawyer guides the inclusion of digital asset provisions, appointment of an executor, and practical steps for asset access. This helps avoid lost opportunities or unresolved accounts after death.

Incapacity planning and durable powers of attorney - A lawyer can help you set up a Vorsorgevollmacht (durable power of attorney) and patient directives (Patientenverfügung) to avoid court-controlled guardianship. These documents are often crucial for families during periods of illness or aging.

3. Local Laws Overview

The following laws and regulations are central to Nachlassplanung in Austria. The list includes statutes by name and notes on their scope and practical impact for planning and administration.

Allgemeines Bürgerliches Gesetzbuch (ABGB) - The general civil code that governs inheritance, wills, and mandatory portions. It defines who inherits and how assets are distributed when there is no valid will, and it governs validity requirements for private and public wills. This is the primary domestic source for Erbrecht in Austria.

Europaeische Erbrechtsverordnung (Regulation (EU) No 650/2012) - The European Union Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and on the authenticity of notarial acts in succession matters. It coordinates cross-border cases within the EU and has been applicable in Austria since 17 August 2015. This regulation affects which country’s law applies to a given succession and how documents are recognized across borders.

Notariatsgesetz (Notariatsrecht) and Notars - Notaries play a central role in drafting and authenticating certain types of testament and Erbverträge in Austria. Public wills (öffentliches Testament) and related documents are typically executed before a notary, which increases evidentiary certainty and reduces disputes. Notarial involvement is common for complex estates or multi-jurisdictional matters.

Source: EU Regulation 650/2012 is implemented to harmonize cross-border successions within the EU and affect Austrian individuals with assets abroad. See the EU legal texts for details on jurisdiction and applicable law.

For practitioners and residents, it is important to consult reliable, official resources to confirm current rules and recent amendments. Austrian legal information systems provide access to ABGB texts and related civil law provisions, while EU portals explain how cross-border cases are handled across member states.

Practical note: In Austria, the choice between a will and an Erbvertrag can depend on family dynamics and asset complexity. Wills can be revoked or amended, while Erbverträge bind future heirs and can require all parties to consent. A lawyer helps tailor these instruments to your specific situation.

4. Frequently Asked Questions

What is a will under Austrian law?

A will in Austria is a testamentary document expressing a person’s wishes for asset distribution after death. It may be a private handwritten will or a public will executed before a notary. Wills must comply with mandatory portions and formal requirements to be valid.

How does a testator create a will in Austria?

You can draft a private handwritten will or go to a notary to create a public will. A lawyer can draft or review the document to ensure legal validity and alignment with Pflichtteile. In complex cases, a notarial will is often preferred for evidentiary certainty.

When does the European succession regulation apply in Austria?

The EU Regulation applies when the deceased has assets, heirs, or interests in more than one EU country. It determines jurisdiction and applicable law for the entire estate, minimizing conflicts between national laws. It also facilitates the recognition of succession decisions across borders.

Where should I store my will to stay valid in Austria?

Store original documents with a trusted lawyer, a notary, or a secure private location. Ensure that executors and close relatives know where to locate the documents. Consider registering a summary with a trusted authority if available in your region.

Why is the Pflichtteil important in Austrian estate planning?

Pflichtteil guarantees a minimum share for close relatives, even if a will tries to exclude them. Planning must respect mandatory portions to prevent post-mortem challenges. Properly accounting for Pflichtteil reduces the risk of disputes.

Can I change my will after it is made in Austria?

Yes, you can revoke or amend a will at any time as long as you have capacity. The changes should be clear and meet formal requirements, ideally with a lawyer or notary to avoid ambiguity and disputes.

Should I use a notary for my testament in Austria?

Using a notary provides a publicly verifiable document and can prevent later disputes. Notarial wills are especially advantageous for complex estates or cross-border elements. A lawyer can advise whether a notary is the best option in your case.

Do I need a lawyer for Erbverträge in Austria?

Erbverträge typically require careful drafting and mutual agreement among heirs. A lawyer ensures the contract complies with ABGB, protects mandatory rights, and reduces the likelihood of later challenges.

How much does a Nachlassplanung lawyer cost in Austria?

Costs vary by complexity, location, and the lawyer’s experience. Expect a combination of hourly fees and possible fixed fees for specific services like will drafting or Erbvertrag creation. Request a written estimate before starting work.

How long does it take to settle an Austrian estate?

Settlement timelines depend on estate size and court involvement. Simple estates with a clear will may conclude within months, while complex cross-border cases can take years. A lawyer can provide a realistic timeline based on your situation.

Is cross-border inheritance possible with assets in multiple countries?

Yes, cross-border inheritance is common in Austria. The EU Regulation governs jurisdiction and applicable law, and the process may involve multiple notarial acts and certificates of succession. Professional guidance helps coordinate the steps efficiently.

What is the role of an executor in Austrian succession?

The executor (Testamentsvollstrecker or Nachlassverwalter) administers the estate, pays debts, and distributes assets per the will or ABGB. A lawyer provides duties clarification, helps with accounting, and can be appointed by the testator or court.

5. Additional Resources

Access to reliable information supports informed decisions about Nachlassplanung. The following official resources provide authoritative guidance on Austrian inheritance law and cross-border matters.

• EU Regulation on Inheritance - Official EU legal texts and summaries outlining jurisdiction and applicable law for cross-border succession. eur-lex.europa.eu
• Austrian Legal Information System (RIS) - Central repository for Austrian federal laws including ABGB and related inheritance provisions. ris.bka.gv.at
• Austrian Justice Portal - Official information on inheritance, testament, and notarial processes in Austria. justice.gv.at

6. Next Steps

1. Define your goals and assets - List all real estate, bank accounts, and business interests. Note any cross-border elements or family considerations. Allocate time for thorough asset discovery.
2. Gather essential documents - Collect birth certificates, marriage certificates, existing wills, Erbverträge, and tax records. Include property deeds and bank statements where relevant.
3. Identify planning priorities - Decide who should inherit, who should be executor, and whether you need guardianship provisions. Consider potential Pflichtteil issues early.
4. Consult a specialized Nachlassplanung lawyer - Seek a lawyer with Austrian inheritance law and cross-border planning experience. Ask about track record with similar estates and fees.
5. Discuss cross-border considerations - If assets span countries, discuss EU Regulation implications and the best way to align with applicable laws. Request a plan that anticipates cross-border steps.
6. Draft or review documents - Have your will, Erbvertrag or power of attorney drafted or reviewed to ensure validity and enforceability. Prefer notarial involvement for complex cases.
7. Finalize and store documents securely - Sign and witness as required, keep originals safe, and share copies with executors or trusted relatives. Ensure they know where to find them.