
The law stipulates that words are to be interpreted according to their ordinary meaning, unless the deceased associated a special meaning with certain expressions. The decisive factor is to ascertain the true will of the deceased. This must be at least implied in the wording of the will. The interpretation must be made in such a way that the result intended by the deceased is achieved and that the testamentary disposition as such can at least partially remain valid (§ 553 ABGB). Misdescriptions are generally irrelevant (this means that they are to be understood in the sense of what was actually intended) (§ 571 ABGB).
Cunning or coercion can make a will contestable. Significant errors (§§ 570 ff ABGB, including an error of motive) are also of significance. As a consequence of the contestation, intestate succession may come into effect.
A particularly common interpretive question arises in connection with mutual wills made by spouses. Where the testators provide that, upon the death of the surviving spouse, the assets then available shall pass to their common children, established case law treats this as a remainder-based reversionary succession (Nacherbschaft auf den Überrest, § 609 ABGB) rather than a full reversionary succession. The surviving spouse may therefore generally deal with the estate assets during their lifetime; only the remaining assets pass to the children upon their death (OGH 2 Ob 229/22y [para. 7]).

