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Estate planning in Austria is governed primarily by the Allgemeines Bürgerliches Gesetzbuchs (ABGB). This civil code sets out how wills, inheritance rights, and succession are handled across the country, including Braunau am Inn.
In Braunau am Inn residents typically use a mix of notarial wills, eigenhändig (handwritten) wills, and Erbverträge (inheritance agreements) to control how assets pass after death and to address care for beneficiaries. Local practice often involves coordination with a Bezirksgericht Braunau am Inn for probate and with a Notar or Rechtsanwalt (attorney) for formal documents.
There is no separate, Braunau-specific estate tax regime; rather, national laws govern who inherits what and under what conditions. For general estate planning topics, residents commonly reference the ABGB, the Notariatsordnung for notarized documents, and guidance on Vorsorgevollmacht (power of attorney for future incapacity) and Patientenverfügung (advance healthcare directive).
Austria does not levy an inheritance tax since 2008, so planning focuses on preserving assets and ensuring enforceable transfer through wills and contracts. Source: RIS - Rechtsinformationssystem des Bundes
For practical guidance, Braunau residents should consult official government resources and consider local legal counsel who understands district court processes in Upper Austria. See official sources for definitions and procedural guidance.
Recent and ongoing processes in Upper Austria focus on efficient probate administration and clarity in cross-border inheritances, with district courts such as Bezirksgericht Braunau am Inn handling many probate matters locally and guiding families through the succession process. Official guidance on these topics can be found on Austrian government portals and legal information systems.
Useful official references include:
A will directs how your assets are distributed after death and can designate guardians for minor children. It also helps avoid intestate succession, where state rules decide the distribution.
You may draft an eigenhändig will in your own handwriting and sign it, or you may have a notarial will prepared by a Notar. A notarial will provides stronger formal authentication and easier enforcement.
Not legally required, but recommended for complex estates, blended families, or real estate transfers. A lawyer ensures the document complies with ABGB and local probate procedures.
Pflichtteil is the protected portion of an heir's inheritance under ABGB. It can limit how you dispose of assets with a will, and a lawyer can structure arrangements to respect this right.
Simple estates may conclude within 6-12 months after death, but complex cases can take longer. The timeline depends on asset types, debts, and court processing speed in Braunau am Inn.
Collect identification, a list of assets and debts, property deeds, family details, and any existing wills or trusts. This helps the attorney assess your planning needs quickly.
Joint wills can be useful but may limit future flexibility. A lawyer can explain advantages and risks based on your family structure and goals.
Yes. A will can be revoked or amended by a subsequent will or amendments. A lawyer can ensure changes are valid and properly executed.
Real estate requires careful handling to avoid transfer issues and taxes on acquisition by heirs. A lawyer can coordinate with the land registry and ensure proper title transfer.
A will is the last testament of an individual, while an Erbvertrag is an agreement among heirs or with the deceased that is binding for all parties. An Erbvertrag requires careful negotiation and notarization in many cases.
Not a legal requirement for an eigenhändig will, but notaries strengthen authenticity and acceptance in probate, and notarial wills can be advantageous for real estate transfers.
Include digital accounts, passwords, and access to important data. Coordinate with your attorney to address digital asset transfer in line with Austrian law and privacy rules.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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