Beste Letzter Wille und Testament Anwälte in Österreich

1. About Letzter Wille und Testament Law in Austria

Letzter Wille und Testament in Austria are governed primarily by the Allgemeines Bürgerliches Gesetzbuch, ABGB. The law enables a person to dispose of assets after death and to designate heirs, gifts, and conditions. Forms include hand-written wills (Eigenhändiges Testament) and notarial or public wills (öffentliche Notarbeurkundung) to reduce disputes. The law also protects forced heirs through Pflichtteil rights, which cannot be completely disinherited.

In practice, many Austrians choose a notarial will to ensure authenticity and easier probate, especially when real estate or cross-border assets are involved. A holographic will must be entirely written by the testator, dated and signed, to be valid under ABGB. For cross-border estates or complex asset trees, Austrian law often interacts with EU rules on succession, requiring careful planning and clear designation of governing law.

The EU Succession Regulation (EU Regulation 650/2012) has been applicable in Austria since 17 August 2015 for cross-border estates, affecting how wills are interpreted across borders.

Source notes: ABGB is the core framework for Austrian testamentary disposition. See RIS for the text of ABGB and related inheritance provisions. For cross-border matters, see EUR-Lex on EU Regulation 650/2012. RIS - Rechtsinformationssystem des Bundes, EU Regulation 650/2012.

2. Why You May Need a Lawyer

Austria presents several nuanced situations where legal assistance ensures validity and enforceability of a Will. The following real-world scenarios illustrate concrete needs.

• You own a villa in Vienna and a holiday home abroad, and you want to choose which law governs your Will. A lawyer can align ABGB and EU Regulation 650/2012 to prevent asset disputes after death.
• You have children from a previous marriage and want to protect their Pflichtteil while making a substantial gift to a new partner. An attorney can structure testamentary provisions to balance rights and intentions within mandatory portions.
• You are married, with children, and plan to update your Will after birth of a second child. A legal counselor helps ensure changes comply with Austrian succession rules.
• You suspect potential contest by heirs or a family conflict over ambiguous language in a holographic Will. A lawyer can draft a clear, legally robust instrument or prepare a notarial Will to reduce ambiguity.
• You intend to create an international Will or a cross-border succession document. An attorney can coordinate with notaries and ensure recognition under EU Regulation 650/2012.

3. Local Laws Overview

The Austrian framework for Letzter Wille und Testament includes several key statutes and regulatory instruments. Below are the main references with notes on their scope and relevance.

ABGB - Allgemeines Bürgerliches Gesetzbuch governs testamentary dispositions, forms of wills, and the rules of intestate succession. It sets out the types of wills, formal requirements, and the concept of Pflichtteil. The ABGB remains the foundational source for Austrian inheritance law and is regularly updated through Parliament. RIS provides the official text and commentary.

EU Regulation 650/2012 - Brussels IV on cross-border succession determines which country’s law applies to cross-border estates and facilitates recognition of wills across EU member states. It came into force for Austria on 17 August 2015 and remains central to planning when assets span multiple jurisdictions. EUR-Lex offers the Regulation text, and RIS provides Austrian access to related regime interpretations.

Notariatsgesetz / Notariatsrecht (Notarliche Beurkundung von Testamenten) governs the notarial form of wills and the role of Notare in Austria. A notarial will can offer stronger evidentiary value and a smoother probate process, particularly where real estate or foreign estates are involved. The Notarengesetz framework is complemented by the ABGB for substantive estate rules.

4. Frequently Asked Questions

What makes an eigenhändiges Testament legally valid in Austria?

An eigenhändiges Testament must be entirely handwritten, dated, and signed by the testator. It should clearly express the testator's wishes to avoid ambiguity. It does not require witnesses, but its validity can be challenged if the handwriting is disputed.

How does Pflichtteil affect disinheriting family members in Austria?

Pflichtteil protects certain heirs from complete disinheritance. The exact portion depends on the heir's category and the estate, and an attorney can craft provisions that respect Pflichtteil while achieving your objectives. A will cannot fully revoke a Pflichtteil claim.

When should you update a Will after marriage, birth, or divorce in Austria?

Update your Will promptly after major life events to reflect new relationships and assets. Austrian law recognizes changes but advises formal re-execution to avoid later disputes. Consulting a lawyer ensures the changes are legally effective.

Where can I create a Will in Austria, with a Notary or a lawyer?

You may choose a notary to prepare a public or notarial Will, or hire a lawyer to draft a private Will. Notarized forms can be advantageous for real estate assets and cross-border validity. A lawyer can be preferable for complex asset structures and advisory work.

Why choose a notarial Will for cross-border assets in Austria?

A notarial Will offers a formally recognized and easily provable document, often simplifying probate when assets lie in multiple jurisdictions. Notarische Wills benefit from direct accountability of a Notar and alignment with ABGB and EU rules.

Can I revoke or alter my Will easily in Austria, and how?

Wills can be revoked or amended by a new will or a codicil. Holographic Wills can be revoked by writing a new document. For notarial Wills, revocation typically requires a formal act in the Notariat.

Should I appoint an executor or Verfügungsberechtigter in my Austrian Will?

An executor helps manage estate administration and probate. Appointing a Verfügungsberechtigter clarifies post-mortem asset control. An attorney can tailor these roles to your family's needs.

Do I need witnesses for a handwritten Will in Austria?

Witnesses are not required for a handwritten Will. However, witnesses can enhance credibility if the document is challenged. Notarial Wills do not require witnesses because they are created before a Notary.

Is a cross-border EU succession Regulation relevant to Austrian Wills?

Yes, EU Regulation 650/2012 affects which law applies to cross-border estates and how wills are recognized across member states. It is especially important for assets in Austria and other EU countries.

How much does it cost to draft a Will in Austria with a lawyer or Notar?

Costs vary by complexity and method. Notarial wills incur Notar fees, while lawyer-drafted wills bill at hourly or fixed rates. An initial consultation typically clarifies total costs.

How long does it typically take to finalize a Will in Austria?

A simple holographic will can be prepared within days, while a notarial will may require 1-3 weeks for drafting and execution. Complex cross-border estates may take longer depending on documentation.

Do I need legal advice to update an existing Will in Austria?

Updating a Will is common and advisable when life changes occur. A lawyer can ensure the amendment is valid and integrated with any existing Pflichtenund Pflichtteile and EU considerations.

5. Additional Resources

The following official resources provide authoritative information on Austrian testamentary law and cross-border succession.

• RIS - Rechtsinformationssystem des Bundes - Official text of ABGB and related inheritance provisions. Function: access to current laws and legal commentary. RIS
• Justizministerium / Justiz - Government portal with guidance on wills, notaries, probate, and official processes in Austria. Function: policy context and procedural information. Justiz
• EUR-Lex - EU Regulation 650/2012 - Official text of the cross-border succession regulation. Function: governs which law applies to cross-border estates in the EU. EU Regulation 650/2012

6. Next Steps

1. Define your objectives and identify whether a notarized or private Will best suits your assets and family situation. This helps you choose the right professional, usually a Notar or a Rechtsanwalt (lawyer).
2. Gather essential documents, including property deeds, bank statements, investment portfolios, birth and marriage certificates, and any existing wills. Organize them by asset category to speed up drafting.
3. Research Austria-based professionals who specialize in Erbrecht and cross-border succession. Seek recommendations and verify qualifications with the relevant professional bodies or chambers.
4. Request initial consultations to discuss goals, timelines, and fees. Prepare questions about form choices, Pflichtteil implications, and cross-border issues.
5. Obtain drafts or proposals, compare costs, and assess how each option handles real estate, foreign assets, and executors. Confirm how the document will be executed and stored.
6. Execute the Will in the chosen form (holographic, notarial, or public). Ensure proper witnessing if required and keep copies in a secure location with trusted contact details.
7. Review and update your Will periodically, especially after major life events. Schedule follow-up checks with your lawyer or Notar to maintain relevance and accuracy.