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.
Austrian law mainly recognises the holographic and the allographic will. The holographic will must be written and signed entirely by hand, while the allographic will requires three witnesses.
If a formal requirement is breached, the will is open to challenge or invalid. A lack of testamentary capacity, mistake or undue pressure can also justify contesting it.
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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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Statutory succession
Statutory succession governs who inherits when there is no valid will. It allocates the estate by lines of descent and the position of the surviving spouse.
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Legacy
A legacy (bequest) is the gift of a single object or sum without making the beneficiary an heir. The legatee has a claim against the estate.
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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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