FAQ: Common Questions and Misconceptions in Austrian Inheritance Law
Inheritance matters are often surrounded by half-truths and legal myths. As leading experts for Private Clients (Ranked #1 in the Trend Lawyer Ranking 2026), we provide clear, legally sound answers to the most frequent questions. Ensure your estate is handled correctly and avoid costly mistakes.
1. Misconceptions in Drafting a Will
“I wrote my will on my computer and signed it. Is it legally valid?”
No. A document written on a computer or by a third party is considered a “non-holographic will” (fremdhändiges Testament). For it to be valid, a signature alone is insufficient. The testator must also add a handwritten statement (e.g., “This is my last will”) and sign it in the presence of three witnesses who must all be present at the same time. Learn more about Forms of Wills.
“Do witnesses need to know the contents of my will?”
No. Witnesses only need to certify that the document contains your last will. They do not need to know the specific contents. Furthermore, lawyers acting as witnesses are bound by strict professional confidentiality.
“Does registering my will make sense?”
Absolutely. A will can only be executed if it is found. By storing it with an expert and registering it in the Central Register of Wills (ZTR), you ensure that the probate court is automatically notified upon death. The contents remain strictly confidential until the probate proceedings begin. Details: Register of Wills.
2. Compulsory Portions, Gifts, and Disclosure
“Do gifts made during my lifetime affect the compulsory portion?”
Yes, significantly. Lifetime gifts can be subject to “addition and accounting” (Hinzu- und Anrechnung). Since the value of the gift is indexed to the time of death based on the Consumer Price Index, this can lead to substantial monetary claims by other heirs. Check your entitlements: Compulsory Portion Rights.
“Can I give away assets secretly to avoid claims?”
Legally, no. Persons entitled to a compulsory portion have a statutory right to information (§ 786 ABGB) against the estate and the beneficiaries. This right can be enforced in court. Current Supreme Court rulings (e.g., OGH 2 Ob 244/22d) have further strengthened transparency in this area.
“Does a waiver of the compulsory portion protect a gifted child from claims?”
No. Following the 2015 reform, a waiver does not prevent gifts made to the waiving party from being included in the calculation of claims for other entitled heirs (§ 782 ABGB).
3. Family, Partners, and Business Succession
“If I have no contact with my child, do they lose their compulsory portion?”
Not automatically. A simple lack of contact is not enough for disinheritance. However, if there has been no close family relationship for at least 20 years, the compulsory portion can be reduced by half in the will (reduction of compulsory portion, § 776 ABGB).
“Are cohabitants (unmarried partners) treated the same as spouses?”
No. Cohabitants have no statutory right of inheritance. They are dependent on being named in a will. Without a will, they only have a very limited extraordinary right of inheritance if no other legal heirs exist. See: Partnerships & Real Estate.
4. Taxes, Digital Assets, and Power of Attorney
“Is there an inheritance tax in Austria in 2026?”
Currently, no. Austria abolished inheritance tax in 2008. However, real estate transfer tax may apply to inherited property. Furthermore, if heirs reside abroad (e.g., in Germany), foreign tax laws may apply. The EU Succession Regulation does not cover tax matters. More info: Inheritance Tax.
“What happens to my cryptocurrencies and social media accounts?”
The digital estate passes to the heirs. However, without access data or specific “digital legacies” included in a will, assets like Bitcoins or online accounts may remain permanently locked.
“Do I need a power of attorney in addition to a will?”
Definitely. A will only takes effect after death. A Power of Attorney (Vorsorgevollmacht) protects you during your lifetime if you lose the capacity to make decisions (e.g., due to illness or an accident), preventing court-ordered guardianship.
Are you looking for an experienced inheritance lawyer in Vienna? Dr. Nikolaus Arnold (Tier 1 Chambers HNW) is available for personal consultation. For more legal terms, visit our Legal Glossary.