In Austrian inheritance law, the principle of testamentary freedom exists. The person making the last will and testament can therefore in principle freely regulate the succession. In order to protect certain persons, this freedom is limited by the right to a compulsory portion.
Testamentary dispositions are wills if they contain a provision for inheritance. If they only make other dispositions, other testamentary dispositions (previously codicils) (§ 552 para 2 ABGB).
The will or testamentary disposition may also provide for conditions that must be met in order to obtain the assets (for example, reaching a certain age or academic achievement). Conditions can also be imposed (for example, care of the grave). To monitor compliance with the regulations and to clarify questions of doubt, the appointment of an executor is recommended, especially in the case of complex estates.
The testator must be capable of making a will. Full testamentary capacity is given from the age of 18 (§ 569 ABGB). However, even in the case of persons of full age, testamentary capacity cannot be assumed if they do not have the consciousness to make a testamentary disposition or do not know what its content is. Minors of age (i.e. persons between the age of 14 and the age of 18) can only make a will orally before a court or a notary, except in an emergency. Minors cannot make a will (§ 569 ABGB). Representation by third parties (e.g. by parents) is excluded when making a will (§ 564 ABGB).