Best Will & Testament Lawyers in Braunau am Inn

1. About Will & Testament Law in Braunau am Inn, Austria

Will and testament law in Austria is primarily governed by the Allgemeines Bürgerliches Gesetzbuch (ABGB), the country’s civil code. In Braunau am Inn residents, as in the rest of Austria, a will can be created in two main forms: a privately handwritten will (Eigenhändiges Testament) or a publicly witnessed will prepared by a notary (Öffentliches Testament). These forms ensure your assets pass according to your wishes after death.

The testator may appoint heirs, guardians for minor children, and executors or fiduciaries to manage the estate. Austrian law also protects a person’s forced share, or Pflichtteil, for close relatives, limiting unilateral disinheritance in certain circumstances. When a will is challenged or complicated by cross-border assets, Austrian courts and international rules may come into play.

In Braunau am Inn, probate and estate administration are typically handled by the local district court (Bezirksgericht). A notary can help with formalising a will to reduce the risk of invalidity. Since 2015, cross-border successions in Austria follow European Union rules for determining jurisdiction and law of succession, which may affect families with assets in other EU countries.

For reliable, up-to-date guidance, consult official resources on Austrian inheritance law and cross-border issues. EU rules on cross-border successions apply in Austria and influence where an heir may file for probate and which law governs the estate. The following government sources provide authoritative framework and procedures.

Cross-border succession rules in Austria are governed by EU Regulation 650/2012, which determines applicable law and jurisdiction for estates with assets in multiple countries.

Source: EU Regulation 650/2012 - see EUR-Lex: Regulation (EU) 650/2012.

2. Why You May Need a Lawyer

Engaging a lawyer for Will and Testament matters in Braunau am Inn can prevent costly mistakes and delays. Here are concrete scenarios where legal counsel is particularly useful.

• You own a farm or real property in Upper Austria and a second home abroad, and you want a single will that coordinates both jurisdictions without triggering unintended tax or conflict issues.
• You are considering disinheriting a close family member or modifying the Pflichtteil rights for a spouse or children, and you need compliant language to reduce disputes.
• A family member has died, and you are named as executor or administrator, requiring formal probate, asset inventory, and debt settlement.
• You want to establish a guardianship or trusteeship for a minor child or a vulnerable adult, with clear control and accountability provisions in the will.
• Asset protection or succession planning for a small family business or agricultural operation that benefits from a tailored testament or Erbvertrag (inheritance contract).
• You suspect a will may be invalid or improperly executed and you want a lawyer to assess potential challenges and timelines.

3. Local Laws Overview

The legal framework for wills and inheritance in Braunau am Inn rests on several key Austrian authorities and instruments. The names below are the essential statutes and regulations you should know.

• Allgemeines Bürgerliches Gesetzbuch (ABGB) - The Civil Code containing fundamental rules on assets, succession, and testamentary capacity. It governs how estates are distributed and how wills are formed and revived.
• Notariatsordnung (Notariatsordnung) - Sets out rules for notaries and the process of creating öffentliches Testamente (public wills) and formal notarial acts.
• EU Regulation 650/2012 on jurisdiction and applicable law in matters of succession - Applies to cross-border inheritances and determines which country’s law governs and where probate proceedings may take place. It became applicable in Austria in 2015.

Recent trends include a greater use of notaries for formality and authenticity, especially for complex estates, and increased attention to cross-border assets within the EU framework. Austria has no general inheritance tax since 2008, but real property transfers can involve other taxes or duties, such as real estate transfer arrangements in certain cases. For authoritative guidance on these specifics, consult the official sources listed below.

Key reference points for official guidance include the Austrian Rechtsinformationssystem and government portals. These sources provide the formal requirements for will forms, probate procedures, and cross-border issues.

4. Frequently Asked Questions

What is an eigenhändiges Testament and when is it valid?

An eigenhändiges Testament is a will written entirely by the testator, dated and signed by the testator. It is valid if the writing clearly expresses the testator's final wishes and meets basic formality requirements under ABGB.

What is an öffentliches Testament and who can prepare it?

A öffentliches Testament is a will prepared by a notary, typically in the testator's presence and with witnesses according to Notariatsordnung. It offers strong authenticity and reduces the risk of invalid provisions.

Do I need a lawyer to make a will in Braunau am Inn?

No law requires a lawyer, but a solicitor or attorney can ensure correct form, anticipate complications, and coordinate cross-border issues. A notary can also draft a public will, which may suffice for straightforward estates.

How much does it cost to draft a will with a lawyer in Austria?

Costs depend on complexity and the region. A straightforward will might cost a few hundred euros for basic counsel, while complex, cross-border plans can exceed a few thousand euros. Always request a written fee estimate before engagement.

How long does probate typically take in Upper Austria?

Probate timelines vary with estate size and disputes. Routine probate might take several months to a year, while contested estates can take longer. A lawyer can help set realistic milestones and manage court submissions.

Do I need to appoint an executor or administrator in my will?

Appointing an executor or administrator is common to manage estate settlement. The chosen person should be trustworthy and capable of handling debts, asset distribution, and timelines.

Can I amend or revoke my will after it is made?

Yes. You can revoke or modify your will at any time by creating a new will or explicitly revoking the old one. Ensure the changes are clear to avoid conflicts during probate.

What is the difference between a will and an Erbvertrag?

A will disposes of assets after death and can be changed by the testator. An Erbvertrag is a contract with heirs that binds future inheritance arrangements, often requiring mutual consent and formal execution.

Is a witness required for a private will in Austria?

For a private eigenhändiges Testament, witnesses are not required, but a properly drafted document should be clear, dated, and signed. Notarial wills benefit from formal authenticity.

How does Pflichtteil entitlement affect my will?

Piflichtteil guarantees a minimum share for certain close relatives, limiting full freedom to disinherit. A lawyer can help structure provisions to respect rights while achieving your goals.

What should I do if I suspect a will is invalid or fraudulent?

Consult a lawyer promptly. You may seek court review or contest the will through the probate process, and a professional can gather evidence and present it in a timely manner.

5. Additional Resources

• RIS - Rechtsinformationssystem des Bundes - Official database of Austrian federal laws and regulations, including ABGB and related succession rules. https://www.ris.bka.gv.at
• Help.gv.at - Austrian government portal with practical information on wills, estates, and notary services. https://www.help.gv.at
• Justiz.gv.at - Austrian judiciary information about probate procedures, court roles, and executor responsibilities. https://www.justiz.gv.at

6. Next Steps

1. Identify your goals and assets in Braunau am Inn and any cross-border elements, and list potential heirs and guardians.
2. Choose the form of your will ( Eigenhändiges vs Öffentliches Testament ) based on asset complexity and comfort with a notary.
3. Consult a local lawyer or notary who specializes in Erbrecht (inheritance law) in Upper Austria for a no-obligation initial briefing.
4. Prepare a draft will and gather supporting documents, such as property deeds, bank accounts, and potential creditor information.
5. Consider appointing an executor and guardians for minor children, and discuss potential Pflichtenteil implications with your counsel.
6. Finalize the will with professional oversight, ensuring dates, signatures, and, if applicable, notary seals are correctly completed.
7. Store a copy with your lawyer or notary and provide trusted contacts with storage instructions and where to locate the original will.