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Dr. Simon Burger
Salzburg, Austria

Founded in 2016
10 people in their team
German
English
French
Spanish
Private Client Will & Testament Asset Protection +4 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...
Gollonitsch Rechtsanwälte OG
Scheibbs, Austria

Founded in 2020
7 people in their team
English
Gollonitsch Rechtsanwälte OG leverages more than thirty years of legal experience to deliver tailored solutions for complex matters. The firm was founded in 2020 by Dr. Dietmar Gollonitsch in partnership with his sons, creating a multigenerational team that serves clients in Scheibbs and the...
Kapfenberg, Austria

English
Mag. Kahlbacher Renate, operating as a legal practice in Austria, focuses on representing clients in matters where personal, financial, and procedural issues intersect. Public professional listings describe her activity in traffic law and accident-related claims, family and divorce matters,...
nowak Rechtsanwalt
Vienna, Austria

English
nowak Rechtsanwalt is a Klagenfurt based law firm that draws on two generations of jurists to deliver broad legal coverage. The practice encompasses corporate and commercial matters, general civil and tax law, real estate and property issues, insolvency related work, and employment matters,...
Graz, Austria

4 people in their team
English
Mag. Karin Spiegl-Rafler is a Graz-based attorney and mediator whose legal practice focuses on family law and related civil matters. Her stated professional focus covers marriage law and family law, inheritance law, adult protection law, estate administration, contract law, general civil law, and...
Mag. Stefan Weidinger
Scharnstein, Austria

3 people in their team
English
Mag. Stefan Weidinger is an Austrian attorney based in Scharnstein near Gmunden, providing comprehensive legal advice across a focused set of practice areas. His services emphasize thorough consultation and reliable handling of client matters, with trust, integrity, and solution-oriented expertise...
Scharnstein, Austria

Founded in 1973
17 people in their team
English
ABS Wirtschaftstreuhand operates as a business and tax advisory office in Austria, combining tax preparation with business management and financial consulting services. The firm is described as a modern and technically and organizationally well-equipped tax advisory practice.With a long-standing...
Mag. Andreas Berchtold
Graz, Austria

Founded in 2000
English
Berchtold & Kollerics is a Graz-based law firm operated as a Rechtsanwaltsgemeinschaft by Mag. Andreas Berchtold and Dr. Norbert Kollerics. The two partners offer specialized legal services across Family Law, Estate and Probate, Corporate and Commercial Law, Real Estate Law, and Insurance Law,...

Founded in 2010
1 person in their team
English
Mag. jur. Daniel Ludwig Rechtsanwalt is a law firm based in Schwaz, Tyrol, focused on Austrian real estate, construction, contract and civil law. Founded in 2010, the firm serves private clients, entrepreneurs, property developers, builders and other parties involved in significant real estate...
Salzburg, Austria

Founded in 2002
1 person in their team
English
Dr. Andrea Gesinger is a Salzburg attorney with a practice focused on family law, inheritance law, general civil law, and contract law. She has been admitted to practice since 1990 and has operated as an independent attorney since 2002, bringing extensive experience to legal advice and courtroom...
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About Will & Testament Law in Austria

In Austria, a will, or "Testament," is a legal document by which a person can determine the distribution of their estate after death. Austrian inheritance law places a high emphasis on statutory succession, which means that if no will is made, the estate will be distributed according to a fixed order of succession determined by law. However, individuals can use a will to deviate from this default arrangement to some extent, although there are compulsory portions that must be respected for close relatives. The Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) governs matters of inheritance and succession.

Why You May Need a Lawyer

There are several situations where you may require legal assistance in matters of will and testament:

  • Complex Family Dynamics: If you have a blended family, stepchildren, or estranged relatives, crafting a legally sound will that satisfies all parties can be challenging without legal guidance.
  • Large or Complex Estate: If your estate includes business interests, property in multiple locations, or significant investments, a lawyer can help optimize tax consequences and distribution strategies.
  • Cross-Border Issues: If you own property abroad or have dual nationality, international estate laws can complicate your testamentary arrangements.
  • Updating Regulations: Changes in Austrian inheritance laws could affect your existing will; a lawyer can help ensure it remains valid and effective.
  • Disputed Wills: If a will is contested after death, legal representation can become necessary to defend or challenge the document.

Local Laws Overview

Austrian will and testament laws are mainly codified under the ABGB. Here are some key aspects to consider:

  • Testamentary Freedom and Compulsory Shares: While individuals have the freedom to compose a will, close family members, known as Pflichtteilsberechtigte, are entitled to a statutory minimum share.
  • Formal Requirements: A will must be in writing and signed by the testator. Holographic wills are wholly handwritten by the testator, while allographic wills require witnesses.
  • Probate Process: After death, a probate court oversees the execution of the will to ensure the deceased’s wishes are honored.
  • Types of Wills: Austria recognizes several types, including witnessed wills, notarial wills, and privileged wills (e.g., orally declared wills under exceptional circumstances).

Frequently Asked Questions

What is the difference between statutory succession and testamentary succession in Austria?

Statutory succession refers to the distribution of an estate according to the set order defined by law when there is no will. Testamentary succession occurs when the deceased has left a will dictating how their estate should be distributed.

Can I exclude my spouse or children from my will entirely?

No, certain close family members, such as spouses and children, are entitled to mandatory shares of the estate, which cannot be overridden by a will.

What are the formal requirements for a valid will in Austria?

A will must be written and signed by the testator. Depending on the type of will, there may need to be witnesses or a notary involved.

How can I change or revoke my will?

A will can be changed by creating a new will or through a codicil. It can be revoked by writing a new will that explicitly revokes previous ones or by physically destroying the existing document with intent.

What happens if a will is contested?

If a will is contested, the dispute is generally resolved in probate court, where the will’s validity or terms may be challenged by interested parties.

Are wills made in other countries valid in Austria?

Wills made in other countries can be valid in Austria, but they must generally conform to Austrian legal standards and formal requirements for full effectiveness.

Can I appoint a guardian for my children in my will?

Yes, in your will, you can propose a guardian for minor children, although the final decision rests with the court, which will judge the proposal based on the children's best interests.

How is the probate process handled?

The probate process involves a court-supervised procedure to authenticate the will, inventory the deceased’s assets, dispose of debts, and distribute the estate.

What taxes apply to inheritance in Austria?

Inheritance taxes were abolished in Austria in 2008, but recipients of inheritance might still be subject to other taxes depending on the value and structure of the estate.

Can I leave a donation to charity in my will?

Yes, Austrian law allows you to bequeath part of your estate to charities or other entities of your choice, after accounting for compulsory shares owed to family members.

Additional Resources

Here are some resources and organizations that might be helpful:

  • Austrian Bar Association: Provides a database to find certified lawyers specialized in inheritance law.
  • Ministry of Justice: Offers legal information and resources on succession laws.
  • Chamber of Notaries: Can assist in will drafting and offer notarial services.

Next Steps

If you need legal assistance with drafting or revising a will, consider taking the following steps:

  • Consult with a lawyer specializing in will and testament law in Austria to understand your rights and obligations.
  • Gather all relevant documents about your assets, family structure, and existing testamentary intentions.
  • Schedule an appointment with a legal expert to discuss creating or revising your will.
  • Consider using a notary for an additional layer of validation and advice on legal complexities.
  • Stay informed of any changes in Austrian inheritance law that might affect your estate plans.

By taking these steps, you can ensure that your estate will be distributed according to your wishes and in compliance with local laws.

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 Will & Testament, 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.

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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.

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