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Founded in 1999
5 people in their team
Schiffner & Partner Rechtsanwälte, presented as Schiffner & Team on its current website, is an Austrian law firm serving businesses, public institutions, and private individuals. Its listed services span civil law, family and inheritance matters, business law, contracts, property, and dispute...
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When estate planning or inheritance advice is useful in Seiersberg-Pirka

In Seiersberg-Pirka, estate planning often involves a family home, land or other property, alongside savings and business interests. An Austrian estate and inheritance lawyer can help plan how these assets pass, prepare or review a will, and explain the rights of close family members.

After a death, inheritance proceedings are handled through the Austrian court system. A court-appointed notary usually acts as court commissioner, while a lawyer can advise and represent an heir or family member. Property located in Seiersberg-Pirka may also require attention to land-register records and real estate transfer tax.

Situations where a lawyer can help

  • You own a house, apartment or land in Seiersberg-Pirka and want to decide who receives it, or how co-owners can manage it.
  • Several relatives inherit a home together, and one wants to keep it while others seek their shares.
  • You have a blended family and want to provide for a spouse or partner while considering compulsory-share rights.
  • You are planning to give property to a child during your lifetime and need advice on the legal, tax and land-register consequences.
  • You own or help run a business in the Graz area and need a succession plan that addresses both family and business interests.
  • You or your family have assets, residence or citizenship connections in more than one country, making the applicable inheritance law uncertain.

Key laws affecting estates and property

  • Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB): Sets out rules on wills, inheritance and compulsory shares. The Erbrechts-Änderungsgesetz 2015 changed important inheritance rules from 1 January 2017.
  • EU Succession Regulation (Regulation (EU) No 650/2012): Applies to deaths on or after 17 August 2015 in participating states. It generally points to the law of the deceased’s habitual residence, with a possible choice of the law of their nationality.
  • Real Estate Transfer Tax Act 1987 (Grunderwerbsteuergesetz 1987): May impose tax when Austrian real estate passes by inheritance or gift. The amount depends on the transaction and statutory valuation rules.

Frequently asked questions

What does an estate and inheritance lawyer do?

A lawyer can prepare or review a will, advise on compulsory shares, and help plan gifts or succession. They can also represent an heir in inheritance proceedings or advise on disputes involving property or other assets.

Do I need a lawyer if a notary is handling the inheritance proceedings?

Not necessarily. The court-appointed notary acts as court commissioner and handles procedural steps, while a lawyer can advise and represent an individual heir’s interests. Separate legal advice may be useful if there is disagreement, substantial property or uncertainty about an inheritance declaration.

What makes a will valid in Austria?

A handwritten will must be written entirely by the testator and signed by them. A typed will has strict signing and witness requirements, so legal review can help avoid a challenge to its validity.

Who can inherit a compulsory share?

Compulsory-share claims generally belong to descendants and a surviving spouse or registered partner. The amount depends on the family circumstances and the estate, so a will cannot always exclude these claims.

How do inheritance proceedings begin in Seiersberg-Pirka?

Inheritance proceedings are handled by the competent Austrian district court, which ordinarily appoints a notary as court commissioner. The competent court depends on the deceased’s circumstances, so the court or a notary can confirm where the case should be handled.

How long does an inheritance case take?

There is no single timetable. A straightforward case may take several months, while disputes, missing documents, overseas assets or property valuation issues can extend the process.

What does hiring a lawyer usually cost?

Lawyer fees are commonly agreed with the client and may be hourly, fixed or based on applicable fee criteria. Ask for a written estimate covering VAT and any likely court, notary or expert costs before work begins.

Does Austria charge inheritance tax?

Austria does not currently impose a general inheritance tax. Inheriting Austrian real estate can still involve real estate transfer tax and land-register costs, depending on the circumstances.

Can someone living outside Austria inherit property in Seiersberg-Pirka?

Living abroad does not by itself prevent someone from inheriting Austrian property. Cross-border cases can raise questions about applicable law, documents, tax and representation, so early advice is useful.

Which country’s law applies when a family has international ties?

Under the EU Succession Regulation, the law of the deceased’s habitual residence generally applies to the succession. A person may usually choose the law of their nationality in a will, but the rules and any exceptions should be checked for the specific case.

Can I give my home to a family member while I am alive?

A lifetime gift may require a written transfer document and registration of the new owner in the land register. Real estate transfer tax, fees and family inheritance rights may also matter, so compare the costs and consequences before signing.

What documents should I take to an initial meeting?

Bring any existing will, property or land-register details, a list of assets and debts, and relevant family information. For an inheritance matter, include letters from the court commissioner and any documents already signed during the proceedings.

Official resources

  • Austrian Ministry of Justice, JustizOnline: Provides access to justice-related online services and information that can help identify the relevant court.
  • Austrian Bar Association (Österreichischer Rechtsanwaltskammertag): Provides information about the legal profession and tools for finding a lawyer.
  • Austrian Chamber of Civil Law Notaries (Österreichische Notariatskammer): Provides information about notarial services and tools for finding a notary.

Steps to find and hire a lawyer

  1. Define the issue. Write down whether you need a will, inheritance advice, property-transfer planning or help with a dispute. This should take about 15 to 30 minutes.
  2. Gather the key documents. Collect existing wills, property details, court correspondence and a basic list of assets, debts and family members. Allow a few days if records need to be requested.
  3. Find suitable lawyers. Use the Austrian Bar Association’s search tools and look for lawyers whose work includes inheritance, estate planning or property succession. Check whether they can advise in your preferred language.
  4. Contact two or three candidates. Briefly describe the issue and ask about relevant experience, availability and the fee structure. Allow one to two weeks to compare responses.
  5. Attend an initial consultation. Ask what legal steps are needed, what deadlines apply and whether a notary or tax adviser should also be involved. Bring your documents and questions.
  6. Agree the scope and fees in writing. Confirm who will do the work, the expected costs, VAT and how additional expenses are handled before instructing the lawyer.
  7. Review the plan and follow up. Check draft documents carefully and confirm who will arrange any signing, filing or land-register step. Keep copies of signed documents and note any deadlines.

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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.

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.