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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
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.
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.
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.
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.
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.
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.
A will is often notarised when executed as öffentliches Testament. Notarisation provides stronger evidentiary status and reduces later disputes.
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.
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.
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.
If you want maximum certainty, a notarised testament can be advantageous. The Notariat provides formal validity and easier registration in the land register.
Yes. A lawyer experienced in cross-border Erbrecht can coordinate with foreign counsel, manage jurisdiction issues, and address multiple legal regimes.
Yes. It determines which country's law applies to cross-border succession and which courts handle disputes when heirs live in different countries.
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.
A will is a unilateral declaration of a future disposition, while an Erbvertrag is a contract between parties that binds future succession arrangements.
These official and professional resources provide concrete guidance on Austrian inheritance law and related procedures.
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.
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