Testamentary capacity
Testamentary capacity is the ability to make a legally valid will. It requires that the person understands the meaning of their last declaration and can act freely on it.
As a rule, anyone who has reached the age of 18 and possesses the necessary insight and judgement has testamentary capacity. With advanced dementia, severe mental illness or strong medication the capacity may be lacking, even where no adult representation has been ordered by a court.
If testamentary capacity is absent at the time of creation, the will is invalid. In a dispute the condition is usually reconstructed through medical experts, medical findings and witnesses, which is why contemporaneous documents are decisive.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
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Will
A will is a unilateral declaration of how a person’s assets should be distributed on death. It takes precedence over statutory succession but must observe strict formal requirements.
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Disinheritance
Disinheritance deprives a person otherwise entitled to a compulsory portion of that portion. It is permitted only on the serious grounds listed in the law and must be ordered by will.
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Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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