Forms of Wills in Austria: Holographic, Allographic, and Privileged Wills

To ensure the legal validity of a testamentary disposition, the formal requirements prescribed by law must be strictly observed. Austrian inheritance law primarily distinguishes between holographic and allographic wills. Furthermore, there are public wills and privileged (emergency) wills.

The Holographic Will

If the testator wishes to draft a will or any other testamentary disposition without the involvement of witnesses, they must write it entirely by hand and sign it by hand (§ 578 ABGB).

In this case, such an appointment of an heir is referred to as a holographic will. A will written on a typewriter or computer is not holographic. In practice, significant errors are frequently made here: a holographic will must be entirely (!) handwritten by the testator themselves.

The Allographic Will (§ 579 ABGB)

An allographic will is written mechanically (e.g., by computer printout) or by another person in handwriting for the testator. For such a will to be valid, it is required that:

• it is affirmed by the testator with a handwritten signature in the presence of three witnesses simultaneously present.
• it is provided with a handwritten addition stating that the document contains their last will.
• it is signed by all three testamentary witnesses.

The testamentary witnesses, whose identity must be evident from the document, must sign with a handwritten addition indicating their capacity as witnesses. It is not necessary for them to know the content of the will.

Practical Tip (Inheritance Law Amendment Act – ErbRÄG 2015):
Since January 1, 2017, all three witnesses must be simultaneously present when the testator signs the document and adds the affirmation. This addition could be, for example: “This document contains my last will”, “My will”, “This is what I want”, or “So it shall be”. A mere “OK” is insufficient as an addition, as it must be clear that it represents their last will (RV 668 BlgNR 25. GP 10).

The Affirmation (Nuncupatio)

According to § 579 para 1 ABGB, the addition must substantively confirm that the document contains the last will. It must be objectively legible (Supreme Court – OGH 2 Ob 170/22x). Phrases such as “My will” or “My wish” are considered sufficient; an illegible addition, however, is not enough.

Furthermore, the Supreme Court (OGH 2 Ob 14/23g) has clarified that the nuncupatio requires explicit explanatory behavior toward the witnesses. Merely signing—even if the text of the document contains an affirmation clause—does not fulfill this requirement if the witnesses did not perceive the process (e.g., a prior review). If such an explicit affirmation is missing, the allographic will is formally invalid.

Requirements for Testamentary Witnesses

Witnesses must have reached the age of 18, be proficient in the language of the deceased, and be mentally and physically capable of witnessing the last will. Only in the case of a privileged (emergency) will is the minimum age for witnesses reduced to 14 years (§ 587 ABGB).

Conflict of Interest and Ineligibility (§ 588 ABGB)

An heir or legatee is not a capable witness with regard to the disposition intended for them. Likewise, the following are ineligible as witnesses:

• Their spouse, registered partner, or cohabitant.
• Their parents, children, or siblings.
• The parents, children, and siblings of the spouse, registered partner, or cohabitant.
• Legal representatives, holders of a power of attorney, authorized representative bodies, partners, agents, and employees of the persons or legal entities benefited.

Connection of Sheets

If an allographic will consists of several sheets, the connection between them is decisive. A will may be considered invalid if the external form or internal connection is missing.

Examples from Case Law:

• OGH 2 Ob 192/17z: Witnesses must sign “on the document”. An allographic will is formally invalid if the witnesses signed not on the sheet (or sheets) containing the text of the disposition, but on an additional loose and empty sheet connected only by a paper clip.
• OGH 2 Ob 29/22m: If an allographic will consists of several loose sheets, the mere continuation of the text is not sufficient to establish internal unity of the document.

Professional storage and registration of your will in the Central Register of Wills ensures that your last will actually receives attention in the event of death.

Privileged Wills and Legal Status

A will that is invalid in its intended form (e.g., a judicial will) is valid insofar as it fulfills the formal requirements of another form of will (e.g., written and signed by hand; OGH 2 Ob 216/22m).

According to § 575 ABGB, validity is determined by the legal situation at the time of creation. A formal defect cannot be cured by a subsequent change in the law (OGH 3 Ob 220/22g).

Oral Privileged Wills

Since January 1, 2005, oral wills are only permitted as privileged wills if there is an immediate danger that the testator will die or lose testamentary capacity (§ 584 ABGB). Two witnesses must be present. A privileged will loses its validity three months after the danger has passed. An oral declaration must be confirmed by the consistent testimony of the witnesses; otherwise, the declaration of the last will is invalid.

Public Wills (§§ 581 et seq. ABGB)

In addition to private forms, a will can also be created as a public testamentary disposition. The law distinguishes between the judicial and the notarial form.

Judicial and Notarial Creation

• Judicial Will: Creation takes place before a District Court (§ 581 ABGB), either declared orally for the record or by personal submission of a signed document. The involvement of a judge and at least one other court employee (or alternatively two witnesses) is required.
• Notarial Will: This form is created according to § 583 ABGB before two notaries or one notary and two witnesses, either orally or in writing.

Mandatory Public Form

For certain groups of persons, the law mandates the public form (§ 569 ABGB):

• Competent Minors: Persons between the ages of 14 and 18 can—except in an emergency—only testify judicially or notarially.
• Judicial Order: In specific cases of adult representation, the court may order the public form of a will.

Further information can be found under Intestate Succession or in our Legal Glossary.