How do I draw up a will?
Record heirs
Enter all legal heirs in our tool: spouse, blood relatives and adopted children. It is also possible to include life partners, friends, acquaintances and organizations – these are the designated heirs.
“… my son Peter is the legal heir” or “… my best friend Sonja is the designated heir”
Define beneficiaries
Use our tool to determine who should receive what share of your inheritance. The statutory inheritance entitlements are automatically protected.
“… I set my son to the minimum – he should only receive the statutory compulsory portion” or “… my wife Jasmin should receive the remaining portion”
Transcribe and deposit the will template
Transcribe your will template by hand. Deposit the will at home, with a notary or a lawyer.
“… my wife knows exactly where she can find my will in an emergency” or “… I leave my will with my lawyer” or “… my will is filed with the notary”
How do I draw up a will free of charge
in accordance with Austrian inheritance law?
If you do not draw up a will or an inheritance contract, your inheritance will be distributed on the basis of intestate succession. Under certain circumstances, part of the inheritance may go to the state. With a last will and testament, you can organize your inheritance according to your wishes and ideas. To prevent conflicts, it is advisable to make proper arrangements by drawing up an effective will, even for smaller inheritances.
Record heirs
Who should benefit from your estate? Firstly, clarify your relationship and family situation. Consider whom you would like to benefit, and whether there is a charitable organisation you would like to bequeath. To calculate the statutory entitlements, you can enter all statutory heirs in our tool. Statutory heirs are spouses, registered partners and blood relatives (i.e. parents, grandparents, children, etc.). Only then can you indicate additional non-statutory heirs (so-called “named heirs”) such as friends or organisations.
Define beneficiaries
In the second step, you determine who from the statutory and named heirs shall receive which share from the estate. Our tool shows you in the first diagram who would receive how much without a will on the basis of the statutory order of succession. You can use the ruler to determine the shares. Our tool helps you to avoid forgetting any compulsory heirs or violating their compulsory portions. For example, descendants always receive at least 50% of their statutory inheritance share. You are free to dispose of the rest – the remaining part of the inheritance is not protected by the right to a compulsory portion. If you decide to bequeath an organisation, it will be listed as legatee (What is a legacy?).
Transcribe & deposit
In the third step, your template is created. You can download it as a PDF and review it. Next, you have to manually transcribe your will from the template. Your will must be written by hand from beginning to end in order to be valid. Sign the handwritten will by hand, and state the date. Only then is your testamentary disposition valid. Deposit your will with a confidant, a lawyer, or with your commune/a location designated by your commune.
In three steps
to a free will:
- A will template tailored to meet your needs
- Draw up a will in three steps
- Intestate succession and statutory entitlement
Frequently asked questions
What are the various forms of wills?
Strictly speaking, it is only referred to as a “will” if heirs are appointed.
Otherwise (e.g. if only bequests are made), it is a “testamentary disposition”.
There are testamentary dispositions by hand, testamentary dispositions by another person, court and notarial dispositions as well as oral emergency wills.
All these types of disposition are regulated in the ABGB.
Special rules apply to people with reading or writing disabilities.
The testator must write the testamentary disposition by hand from beginning to end and sign it at the end.
The place and date are not necessary for validity, but are recommended as they can help to understand the relationship between several dispositions.
In the case of a testamentary disposition written by another person, the text can be typed or written by a person other than the testator.
Only the testator’s signature and an addition in which he declares that the document contains his last will must be in his own hand.
In addition, three witnesses present at the same time must sign the document (ideally with their name, date of birth, address and the addition “as a witness to the will”) to confirm that the testator acknowledges it as a testamentary disposition.
A testamentary disposition can also be drawn up in writing in court or recorded orally .
An oral or written notarial disposition is equivalent to a court order.
These public dispositions always require at least two other persons in addition to the testator.
If the testator is unable to use the forms provided for due to an emergency situation, he or she is authorized to make a written or oral testamentary disposition(emergency will before two witnesses).
This type of will loses its effect three months after the risk has ceased to exist.
Which form of will suits my situation?
Usually a holographic will is sufficient. In complex inheritance cases or if there are doubts about the testator’s decision-making capacity at the time the will is drawn up, a public (i.e. court or notarized) will – with prior clarification of the testator’s capacity – may be advisable. Otherwise, private and public wills are of equal value. If in doubt, seek expert advice, also with regard to possible family or inheritance law issues.
When is a will invalid?
The ABGB recognizes in particular The following grounds for the invalidity of a will are recognized in the ABGB: formal defects (e.g. no handwriting in a handwritten will, no personal drafting), lack of intent (e.g. error, duress or fear), lack of testamentary capacity at the time of drafting, illegality (unlawful content), immorality and the existence of an earlier, binding inheritance contract.
A validly executed will can be revoked by the testator or contested by the heirs under certain conditions.
Can I freely dispose of my inheritance in my will?
Yes and no. You can freely dispose of the available quota. The heirs who have a statutory inheritance entitlement enjoy certain protection. In order to avoid any claims, you should consider the statutory inheritance entitlements of your spouse and children. However, the share that exceeds the statutory inheritance entitlements is at your free disposal. You can, for example, bequeath it to a trustworthy organisation or to a person of your choice. Find information about various organisations on our website. You can also calculate the exact available quota using our Online Will Assistant.
Can spouses draw up a common will?
Yes, Austrian inheritance law expressly provides for the form of the so-called joint testamentary disposition for spouses or registered partners (but not for other persons). In terms of form, the joint will is to be regarded as a will made by another person and is subject to its provisions (see above). The joint will can be revoked unilaterally at any time, i.e. it is not binding (unlike an inheritance contract).
What is a contract of succession? How does it differ from a will?
In addition to a will, an inheritance contract is another option for inheritance planning. This means that one contracting party appoints the other or both contracting parties mutually appoint each other as binding heirs or legatees. Only spouses and registered partners can be contracting parties, which is why the scope of application is rather limited. The inheritance contract must always be notarized and cannot be amended unilaterally at a later date.
Why do certain testators appoint an executor?
The division of an estate on the basis of a will is not always smooth. In order to avoid disputes, you can appoint an executor in your will. The heirs should trust the executor and the latter should be impartial – lawyers or notaries are often appointed for this purpose. Executors must execute the deceased’s instructions themselves or monitor compliance with them and cause defaulting heirs to execute them.
Overall, however, the executor only plays a subordinate role in Austrian probate proceedings.
This results from the judicial administration of the estate with the court commissioner as the body that ensures the implementation of the testator’s will.
Administration and management of the estate therefore do not generally fall within the executor’s area of responsibility, but can be additionally assigned to them by the testator.