Best Inheritance Law Lawyers in Austria

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

Dr. Simon Burger
Salzburg, Austria

Founded in 2016
10 people in their team
German
English
French
Spanish
Private Client Inheritance Law Will & Testament +2 more
We advise and represent individuals, investors and companies in all areas of civil, commercial, real estate, inheritance and administrative law.  Based in Salzburg and working in cooperation with the law firm Benn-Ibler Rechtsanwälte (Salzburg & Vienna), I assist my clients with their...

Founded in 2005
1 person in their team
English
Dr. Julia Klatil is a Rechtsanwältin, Unternehmensberaterin and Mediatorin based in Feldkirchen, Kärnten, Austria. With more than 20 years in Austrian and Liechtenstein law firms, she represents private individuals and companies in a broad range of matters including Erbrecht, Eherecht,...

6 people in their team
English
FRIMMEL | ANETTER | SCHAAL Rechtsanwälte operates from Klagenfurt with an office presence in Vienna, delivering commercial and private-client legal services across Austria. The firm handles matters spanning insolvency and restructuring, real estate transactions and disputes, family law, and...
Hartberg, Austria

Founded in 1778
English
Kulac & Carli Rechtsanwälte is a Hartberg based law firm with a lineage dating back to 1778. Led since 2014 by Mag. Selma Mauerhofer-Kulac, the firm blends a long tradition with contemporary legal practice to deliver reliable, client-focused representation across a broad range of matters. The team...
HBA Lawyers
Graz, Austria

Founded in 1989
200 people in their team
German
English
We support companies, private individuals and the public sector in all legal matters. Long-term and ad hoc.Strategic and operational.We want to provide you with outstanding legal quality and we want you to measure us against this. We only pursue economically viable solutions: consistently and with...
Dr. Helwig Keber
Graz, Austria

Founded in 1990
English
Dr. Helwig Keber is a Graz-based Austrian law firm with a specialized focus on estate planning and contract law. The practice centers on Erbrecht, Testamente, Verlassenschaften and Schenkungen, delivering precise guidance and strategic support for private clients and families across Austria. Since...

4 people in their team
English
Rechtsanwaltskanzlei Mag. Kaspar Strolz is a Schwaz-based law firm specialising in real estate, contract and corporate matters with additional capabilities in insurance, construction and dispute resolution. The practice markets focused expertise in Immobilienrecht, Baurecht, Mietrecht and...
Kaindorf, Austria

Founded in 1993
1 person in their team
English
Dr. Walter Solic is an Austrian attorney who has operated his own practice since January 1, 1993. He is known for direct, rapid and sometimes assertive legal advocacy delivered at a reasonable fee, reflecting a client focused approach that seeks practical results.Clients benefit from his clear...

Founded in 2001
7 people in their team
English
Rechtsanwalt Mag. Martin Wakolbinger is a boutique Austrian law firm based in Enns, led by Mag. Martin Wakolbinger and supported by Mag. Lisa-Maria Landl. The practice concentrates on criminal defense and civil matters, serving clients from its central Enns office. The team emphasizes listening to...
Thalheim bei Wels, Austria

Founded in 1997
5 people in their team
English
Dr. Paul Fuchs runs a single attorney law practice in Thalheim bei Wels and has done so since 1997, providing direct, client-focused counsel to individuals and local businesses in the Wels region.The practice focuses on Family and Private Client matters, including inheritance planning, and Real...
AS SEEN ON

1. About Inheritance Law in Austria

Inheritance law in Austria is primarily governed by the Allgemeines Bürgerliches Gesetzbuch (ABGB). This framework covers the rules for both gesetzliche Erbfolge (intestate succession) and Verfügung von Todes wegen (will and estate disposition). The ABGB also regulates Pflichtteile, Erbverträge and the administration of estates after death.

In Austria, the absence of a will means that the estate devolves according to gesetzliche Erbfolge. Spouses and children have strong protections, including Pflichtteile that guarantee a minimum share of the estate despite the contents of a will. Real estate transfers through inheritance can trigger other taxes or duties, such as the Grunderwerbsteuer, so planning with a lawyer helps optimize outcomes and minimize unexpected costs.

Wills can be created in several forms, including öffentliches Testament (notarised will) or eigenhändiges Testament (handwritten will). An Erbvertrag (inheritance contract) is another instrument that binds heirs to a specific arrangement. Estate administration, division of assets, and disputes among heirs are common reasons people seek legal guidance.

Recent developments in European and Austrian law influence cross-border succession and recognition of wills. The EU-Erbrechtsverordnung governs jurisdiction and applicable law in cross-border cases, which Austria implements with national rules. This is particularly relevant for families with assets in more than one country.

In Austria, cross-border succession matters are increasingly common as families own assets across borders. The EU Regulation on jurisdiction and applicable law in succession matters helps clarify which country governs an estate when heirs live in different states.
European Union Regulation 650/2012 on jurisdiction and applicable law in matters of succession

2. Why You May Need a Lawyer

Inheritance situations in Austria can be complex and emotionally charged. A lawyer can help you navigate documents, deadlines, and potential disputes with clear, enforceable steps. The following real-world scenarios illustrate when legal counsel is particularly valuable.

  • Disputes over the validity or interpretation of a will after a family member’s death, including questions about undue influence or missing formal elements.
  • Administering a Verlassenschaft (estate) with multiple heirs, debts, or unclear asset ownership, especially when real estate is involved.
  • Contesting or enforcing Pflichtteilsansprüche (entitlements) for a spouse, child, or other close relatives within the legal framework of ABGB.
  • Cross-border inheritance issues where heirs reside in different EU countries and cross-border rules apply under EU Regulation 650/2012.
  • Tax and duty considerations arising from inherited real estate, including potential Grunderwerbsteuer obligations and exemptions.
  • Drafting a testament or Erbvertrag to ensure an orderly transfer of assets and to avoid later litigation among heirs.

Practical examples include preparing a notarised will to secure specific bequests, or advising on whether to convert an informal will into an official document to reduce the chance of later disputes. A lawyer can also coordinate with a Notar (notary) to ensure the formality requirements are met and the document is legally robust.

3. Local Laws Overview

Austria relies on several key legal instruments to govern inheritance matters. The following laws provide the backbone for most Erbrecht issues in Austrian courts and notarial practice.

  • Allgemeines Bürgerliches Gesetzbuch (ABGB) - The primary civil code regulating inheritance, wills, Pflichtteile and Erbverträge. It forms the core framework for both legitimate heirs and testamentary dispositions.
  • Grundbuchgesetz (GBO) - Governs the public land register and the recording of real property transfers that occur on the death of an owner, including heirs and rights of succession tied to real estate.
  • Grunderwerbsteuer-Gesetz (GrEStG) - Sets the rules and rates for real estate transfer taxes that may arise when property is inherited or transferred as part of an Erbschaft. In general, GrESt applies to transfers of real property at a rate of around 3.5 percent, subject to exemptions and relief provisions.

In addition, notarial practice and estate administration are shaped by Notariatsgesetz and related regulations. For cross-border matters, the EU-Erbrechtsverordnung (Regulation 650/2012) governs jurisdiction and applicable law in succession cases, affecting Austrian dealings with assets or heirs in other member states.

Austria applies the ABGB as the central source for Erbrecht, with additional rules from GBO and GrEStG for real property transfers within inheritance matters.
RIS - Allgemeines Bürgerliches Gesetzbuch (ABGB); RIS - Grundbuchsgesetz; RIS - Grunderwerbsteuer-Gesetz

Recent changes include EU regulation impacts on cross-border succession and ongoing guidance on how these rules interact with Austrian procedures. This matters most when heirs live outside Austria or hold assets in another EU country.

4. Frequently Asked Questions

What is the Pflichtteil and who can claim it?

The Pflichtteil is a legally protected portion of the estate for certain close relatives, such as spouses and children. It ensures they receive a minimum share even if the will says otherwise.

How do I start a Verlassenschaft process in Austria?

You typically file a petition with the local Bezirksgericht to open a Verlassenschaft proceedings. A lawyer can help prepare the documents and represent you in court.

When does a will need to be notarised in Austria?

A will is often notarised when executed as öffentliches Testament. Notarisation provides stronger evidentiary status and reduces later disputes.

Where can I obtain a copy of the ABGB relevant to Erbrecht?

Official texts of the ABGB are available through the Austrian Rechtsinformationssystem (RIS) and government portals. A lawyer can guide you to the exact sections governing Erbrecht.

Why should I hire a lawyer for an inheritance tax question?

Austria does not levy an inheritance tax in the traditional sense, but real estate transfers can trigger Grunderwerbsteuer. A lawyer helps you optimize tax treatment and meet deadlines.

Can an Erbvertrag be challenged after the death of the grantor?

Erbverträge are binding agreements that can be challenged only under narrow conditions, such as incapacity or fraud. Legal counsel helps you assess grounds for challenge.

Should I involve a Notar for my testament?

If you want maximum certainty, a notarised testament can be advantageous. The Notariat provides formal validity and easier registration in the land register.

Do I need a local Austrian lawyer if assets are abroad?

Yes. A lawyer experienced in cross-border Erbrecht can coordinate with foreign counsel, manage jurisdiction issues, and address multiple legal regimes.

Is the European Union Regulation 650/2012 relevant to Austrian estates?

Yes. It determines which country's law applies to cross-border succession and which courts handle disputes when heirs live in different countries.

How long does a typical Verlassenschaft case take?

Smaller, uncontested estates may conclude in 6-12 months. Complex cases with disputes can take 1-3 years or longer depending on complexity and assets.

What is the difference between a will and an Erbvertrag?

A will is a unilateral declaration of a future disposition, while an Erbvertrag is a contract between parties that binds future succession arrangements.

5. Additional Resources

These official and professional resources provide concrete guidance on Austrian inheritance law and related procedures.

  • Justizministerium Österreich (Ministry of Justice) - Oversees the judiciary, notarial matters, and estate procedures. https://www.justiz.gv.at
  • Rechtsinformationssystem des Bundes (RIS) - Official source for the ABGB, ZPO and other inheritance related statutes. https://www.ris.bka.gv.at
  • Help.gv.at - Central public portal with information on wills, verlassenschaften and legal procedures. https://www.help.gv.at

6. Next Steps

  1. Identify your inheritance issue and write down what you want to achieve with legal help. (Within 1 week)
  2. Collect key documents such as the death certificate, wills, estate inventory, and property records. (2-4 weeks)
  3. Ask for referrals to Austrian Erbrecht lawyers or firms with probate experience. (2-3 weeks)
  4. Schedule initial consultations with 2-3 attorneys to compare approach, scope and fees. (3-6 weeks)
  5. Choose a lawyer and sign a retainer agreement outlining duties, costs and timelines. (1-2 weeks after consultations)
  6. File necessary documents with the probate court and commence Verlassenschaft proceedings if required. (4-8 weeks after engagement)
  7. Monitor the case and respond promptly to requests for information from the court or heirs. (Ongoing; typical milestones every 4-8 weeks)

Notes on timelines Real-world durations vary by complexity and asset types. Simple wills or uncontested estates may close faster, while disputes or cross-border elements extend timelines.

Lawzana helps you find the best lawyers and law firms in Austria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Inheritance Law, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Austria — quickly, securely, and without unnecessary hassle.

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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.