Best Inheritance Law Lawyers in Vienna

1. About Inheritance Law in Vienna, Austria

Inheritance law in Vienna follows Austria’s general civil code, the Allgemeines Bürgerliches Gesetzbuch (ABGB). This body of law governs how estates are distributed, who counts as an heir, and how wills are created and executed. In Vienna, as in the rest of Austria, the rules also address forced share rights (Pflichtteil) for close relatives who may be entitled to a portion of an estate.

The Austrian system distinguishes between testate and intestate succession. A valid will can direct how assets are distributed, while if there is no will, statutory rules determine who inherits. Real estate, financial assets, and movable property are all part of the estate and may require different steps to transfer ownership after death.

For Vienna residents, practical matters include using a notary for certain testamentary documents, handling estate administration through Verlassenschaft processes when a person dies with assets, and addressing cross-border assets if the deceased owned property or accounts abroad. Understanding the local procedures helps reduce disputes and speed up the settlement of the estate.

2. Why You May Need a Lawyer

Engaging a solicitor or attorney specialized in inheritance matters can prevent costly mistakes and delays. In Vienna, several concrete scenarios commonly require legal counsel:

• A resident dies with a will that leaves a substantial real estate asset to a non-relative. A lawyer helps ensure the deed transfer complies with Austrian law and that tax implications are handled properly.
• Two siblings disagree about the value of a business owned by the estate. An attorney can facilitate a fair appraisal, negotiate a settlement, and prepare court filings if needed.
• The deceased lived in Austria but left assets in another EU country. A Vienna lawyer can coordinate with foreign authorities under cross-border rules to determine applicable law and jurisdiction.
• A spouse challenges a will claiming a Pflichtteil, arguing the will improperly disinherited them. Legal counsel can assess eligibility for the forced share and pursue remedies.
• Real estate enters the estate and must be transferred to heirs. A lawyer guides you through Verlassenschaft proceedings and the necessary filings with Austrian authorities.
• You want to create a will that minimizes disputes and aligns with ABGB and cross-border rules. An attorney can draft a compliant will or Erbvertrag and advise on estate planning strategies.

3. Local Laws Overview

The core framework for inheritance in Vienna rests on the Allgemeines Bürgerliches Gesetzbuch (ABGB). This code covers general principles of inheritance, the rules for intestate succession, and the rights of heirs and beneficiaries. It also codifies the Pflichtteil, or forced share rights, which protect certain close relatives against disinheritance.

Another key element is cross-border succession, governed in part by EU Regulation 650/2012. This regulation determines which country’s law applies to cross-border inheritances and outlines the procedure for recognizing a European Certificate of Succession. It is particularly relevant for Vienna residents with assets in multiple EU member states.

EU Regulation 650/2012 governs cross-border successions in Austria and determines jurisdiction, applicable law, and the recognition of proceedings.

Austria currently has no general inheritance tax. However, transfers of real estate as part of an estate can trigger the real estate transfer tax (Grunderwerbsteuer) under certain conditions. Prospective heirs should receive tailored guidance on whether tax exposure applies in their case.

In Austria there is no general inheritance tax. Real estate transfers via inheritance may trigger Grunderwerbsteuer in some situations.

4. Frequently Asked Questions

What is the Austrian Pflichtteil and who qualifies?

The Pflichtteil is a forced share guaranteed to certain close relatives. It protects heirs from being disinherited entirely. The amount depends on the relationship to the deceased and is defined by the ABGB.

How do I apply for an Erbschein in Vienna?

An Erbschein is a formal confirmation of heirs. In Vienna, you typically file with the probate court and provide the death certificate, wills if any, and documents showing your relationship to the deceased.

What is the difference between a will and intestate succession in Austria?

A will directs how assets are distributed after death. If there is no valid will, Austrian law governs the distribution among legal heirs under intestate succession rules.

How long does Verlassenschaft processing usually take in Vienna?

Processing typically spans several months to over a year, depending on asset complexity and disputes. Real estate factors and cross-border issues can extend timelines.

How much can a Vienna lawyer charge for inheritance matters?

Fees vary by complexity, asset value, and time spent. Lawyers may charge hourly rates or fixed fees for standard procedures, with explicit fee agreements required by law.

Do I need a Notar to prepare a will in Austria?

Not necessarily. You can make a private will or have a public will via a notary. A notarial will is often favored for larger estates or real estate involvement to ensure validity.

Is cross-border inheritance in Vienna subject to EU Regulation 650/2012?

Yes. EU Regulation 650/2012 applies to cross-border cases and helps determine applicable law and jurisdiction for assets in multiple EU countries.

Can I contest a will in Vienna?

Yes, beneficiaries can challenge a will on grounds such as lack of capacity, coercion, fraud, or improper form. Legal assistance improves the chance of a successful challenge.

Should I appoint an executor and how do I do it?

Appointing an executor helps manage the estate and carry out the will’s instructions. You can designate an executor in the will or appoint one via a separate instrument recognized by the court.

Do I have to pay real estate transfer tax when receiving property from an estate?

Not every transfer triggers Grunderwerbsteuer. The tax depends on the type of asset and how ownership changes hands within the estate. Seek a precise assessment from a tax advisor or attorney.

What is the difference between an Erbvertrag and a will?

An Erbvertrag is a contract between potential heirs about future inheritance and is often binding. A will is a unilateral declaration by the testator and can be modified or revoked during life.

How can I find a qualified inheritance lawyer in Vienna?

Look for a solicitor with demonstrated focus on Erbrecht and Verlassenschaft matters. Check professional credentials, client reviews, and initial consultations to assess fit.

5. Additional Resources

• Austrian Federal Ministry of Justice - Official information on the justice system, probate procedures, and information for citizens about inheritance matters.
• Rechtsinformationssystem des Bundes (RIS) - Official database of Austrian laws, including ABGB provisions relevant to inheritance and probate processes.
• Help.gv.at - Government portal with practical guidance on estate administration, wills, and citizen services in Austria.

RIS provides authoritative texts of the ABGB and related inheritance provisions useful for lawyers and laypersons alike.

Help.gv.at offers step by step guidance and official forms for Verlassenschaft and estate settlement procedures.

6. Next Steps

1. Identify the estate’s asset mix and potential cross-border elements. Gather death certificate, wills, and property records within two weeks.
2. Decide whether to engage a Vienna inheritance specialist or general practitioner solicitor. Schedule a 30-minute initial consultation within 2 weeks of gathering documents.
3. Have the lawyer assess Pflichtteil rights and potential claims. Obtain a preliminary opinion within 2-4 weeks after reviewing documents.
4. Determine whether an Erbschein or probate filing is required. Prepare documents with your lawyer and file within 1 month if needed.
5. Plan for real estate transfers and tax considerations. Get a tax assessment and real estate due diligence within 2-3 weeks of confirming asset transfers.
6. Draft or review the will, Erbvertrag, or settlement agreement. Allow 2-6 weeks for drafting, revisions, and execution with all parties present.
7. Monitor progress and communicate with all heirs. Schedule monthly check-ins until the Verlassenschaft is concluded, typically 6-12 months or longer for complex estates.