A will determines who receives the estate and to what extent. Without a will, the estate is distributed according to the order of statutory succession, which rarely aligns with one’s actual wishes. In practice, wills are invalidated not because of a lack of intent, but because of procedural flaws: a missing signature, an ineligible witness, or ambiguous wording are enough to render a will invalid or open to interpretation. The Nagler Law Firm assists you in drafting a will that is valid in form and binding in content. What matters is not merely that a will exists, but that it is enforceable in probate proceedings.
Validity is determined by the form: whether the document was drawn up by the person themselves or by someone else.
The rights of close relatives limit the freedom to make arrangements and must be taken into account in advance.
Real estate, accounts, and business interests must be assigned in a way that leaves no room for interpretation.
Changes in the law or case law may affect the validity of an older will.
Not every gift makes the recipient an heir.
Residence or assets abroad help determine which inheritance law applies.
A will is the only way to deviate from the order of intestate succession. It determines whether the estate will be transferred in an orderly manner or whether the surviving relatives will have to engage in legal proceedings over disputed questions of interpretation. What matters is not the wording alone, but the interplay of form, content, and accessibility.
The goal is to create a legally sound will that can withstand judicial review and, at the same time, helps prevent future conflicts within the family.
If you would like to first determine what claims close relatives may be entitled to despite the provisions of a will, you can find more information on the statutory share in Austria.
A will is a unilateral declaration made in anticipation of death and may be revoked at any time. It designates heirs, may provide for bequests, and may distribute the estate in a manner that differs from the statutory order of succession.
A will may include, in particular, appointments of heirs, the determination of shares of the estate, bequests, substitute inheritances, and conditions.
Formulating these orders as clearly and legally precisely as possible reduces the risk of subsequent questions of interpretation, conflicting legal opinions, and the resulting legal disputes.
A will is valid only if the statutory formal requirements are met. Formal errors can render the will wholly or partially invalid.
That is why the content and form must be legally consistent. We ensure that the last will is clearly worded and, at the same time, drawn up in a legally valid manner.
You can find an overview of our other areas of practice on the following pages: Inheritance Law.
We provide a structured approach to drafting a will: clarifying the initial circumstances, taking inventory of assets, calculating statutory share entitlements, and drafting a will that is formally valid and unambiguous in its content. This includes the appointment of heirs, bequests, contingency provisions, and—in the case of real estate—registration in the land registry.
Anyone seeking a sound estate plan needs a will that will still be appropriate even years later. For more information on the rights of close relatives: Statutory share in Austria. For legal representation in the proceedings: Attorney specializing in estate law.
Where clear arrangements are possible, they are specifically safeguarded—with unambiguous labeling, a well-organized format, and storage that ensures they can be easily located. Where tensions among family members are foreseeable, it becomes apparent early on which issues should be addressed separately.
A well-drafted will is not limited to the question of who should inherit. It is crucial that the will take into account the entire financial situation and that the individual provisions are consistent with one another.
These matters typically involve real estate, bank accounts, securities, business interests, insurance policies, and liabilities. Discrepancies can quickly arise in these areas as soon as individual assets are allocated in isolation.
For example, a piece of real estate may be bequeathed to one person, while the statutory share of the remaining relatives could only be satisfied by selling that property. Or a bequest may exceed the value of the estate. We therefore view these issues as part of a comprehensive, integrated solution that also includes the digital estate.
Special Care Regarding the Statutory Share
As soon as there are descendants or a spouse, the freedom to dispose of one’s estate is limited. These individuals are entitled to a statutory share, which must be fulfilled in kind and significantly influences the distribution of the estate.
The main issues to be examined are gifts made during one’s lifetime, offsetting, and the actual coverage of the claim. This also includes practical questions: Are there sufficient liquid assets available? Does a property need to be encumbered or sold? Would a deferral be advisable?
When it comes to the statutory share, ill-considered dispositions particularly often lead to legal proceedings later on. We therefore structure our plans so that this entitlement is accounted for from the outset. More detailed information can be found at Legitimate Share in Austria.
At first glance, many wills appear to be complete, but they leave too much leeway precisely in the crucial areas. As a result, while the testator’s final wishes are documented, they cannot be enforced during probate proceedings.
A will drafted by an attorney minimizes precisely these risks and establishes a plan that works not just on paper.
A will is not binding on the testator during his or her lifetime. It may be revoked or replaced by a new will at any time without having to state a reason.
The main options to consider are drafting a new will and destroying the original document. In practice, uncertainty arises when multiple versions exist side by side and their relationship to one another remains unclear.
We do not consider a revocation in isolation, but rather in the context of the rest of the estate and any gifts that have already been made. Following marriage, divorce, the birth of a child, or the purchase of real estate, an existing disposition should be reviewed on a regular basis.
Depending on the circumstances, other issues may come into play in addition to the order itself. These pages provide more detailed information if specific points require further explanation.
One question is who should inherit; another is who is entitled to an inheritance in any case. For more information, see The Statutory Share in Austria.
When it comes to estates, claims, and enforcing them, the key factors are deadlines, documentation, and a structured approach. For more information: Attorney specializing in inheritance law.
An increasing portion of our digital legacy is not stored in filing cabinets, but in user accounts. Learn more about digital legacy.
A valid will is only useful if it is found after the person's death. A document kept at home can be lost, overlooked, or destroyed.
In Austria, there are central will registries in which the execution of a will, along with its place of safekeeping, is recorded. The court consults these registries during probate proceedings. It is the reference to the document that is recorded, not its contents.
We will therefore work together to determine where the document is stored and how it can be located. A directive that cannot be reliably located remains a risk that can be avoided with minimal effort.
Step by step:
Not every estate is purely domestic. As soon as a person has a residence abroad, assets are located in another country, or the person holds multiple nationalities, the requirements become significantly more complex.
Next, it must be determined which law applies to the estate, which court has jurisdiction, and how a judgment can be recognized and enforced in the other country.
In international contexts, hasty wording can be risky because the same provision can have different effects depending on the applicable law. In such cases, we first determine the applicable law before drafting a legal document. For legal assistance: Attorney specializing in estate law.
Not every estate planning arrangement is equally complex. In certain situations, however, it is particularly important to have a lawyer review the arrangements, because even minor ambiguities can have major consequences later on.
In these cases, a legal review provides certainty—for the drafting, for the implementation, and for the period following the opening of the estate.
A valid will begins with a clear understanding of the initial circumstances. First, it must be determined who would inherit under the law and who is entitled to a compulsory share.
It is not only the major assets—such as real estate, businesses, or securities portfolios—that are important here. Equally important are debts, gifts made in previous years, insurance beneficiaries, and the question of which assets are included in the estate. In practice, these details determine whether a will can be carried out later.
If no will has yet been executed, a completely new will must be drawn up. If an older version exists, its validity must first be examined. The page Inheritance Law provides an overview of this area of law.
If you would like to learn more about the claims of close relatives, how these claims are calculated, and how gifts are taken into account, you can find more information here on the statutory share in Austria.
A will is a testamentary disposition in which a person designates who will be their heir or heirs after their death. It takes effect only upon death, is not binding during the person’s lifetime, and can be revoked at any time. In probate proceedings, it serves as the basis for determining to whom the estate will be distributed.
It is important to distinguish between the appointment of an heir and a bequest: A person appointed as an heir assumes the legal status of the deceased, whereas a bequest merely establishes a claim to a specific item. This distinction determines, among other things, who is liable for debts.
Austrian law recognizes several forms. The handwritten will must be written entirely by hand and signed. A non-handwritten disposition may be created using technical aids or written by another person, but it is subject to additional requirements, in particular the involvement of witnesses and a handwritten addendum.
Which form is appropriate in a particular case depends on the financial circumstances and on how likely a subsequent challenge appears to be. The formal requirements are strict and are scrutinized closely during the proceedings.
It is not mandatory to have a will drawn up by a notary. A will may also be handwritten or drafted by an attorney and recorded in a will registry.
Under current law, descendants, as well as the spouse or registered partner, are entitled to a statutory share of the estate. This entitlement is a monetary claim, and its value is based on the statutory share of the inheritance.
A well-drafted will, therefore, not only specifies who is to inherit, but also the assets from which the statutory share will be paid. The following guidelines are intended to provide initial guidance and are not a substitute for an examination of the specific individual case.
A will may be revoked at any time without providing a reason. In particular, this may involve drafting a new will or destroying the original document.
Gifts made during one’s lifetime are not always disregarded. Under certain conditions, they must be included in the calculation of the statutory share, which may increase the amount of the claim.
The recipient and the timing of the gift are crucial. Anyone planning to make a substantial gift should have its implications under inheritance law clarified in advance.
In that case, statutory succession applies. It is determined by the family relationship and the status of the spouse or registered partner and typically results in a community of heirs.
A community of heirs must make decisions collectively, which can complicate the sale of a property. For more information on this area of law, see Inheritance Law.
In that case, the requirements become significantly more complex. It is necessary to determine which law applies to the estate, which court has jurisdiction, and how a will is recognized in the relevant country. Cross-border estates require particularly careful planning. For more information: Attorney specializing in estate law.
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The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.
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We place great emphasis on providing personalized, local support. This allows us to develop solutions tailored to our clients’ specific situations.
Family Law, Estate Law, and Real Estate Law: We combine broad expertise with practical experience in key areas of law.
We provide support in drafting and reviewing a will in Vienna, drawing on our expertise, experience, and a clear focus on the key issues. We quickly assess your current situation, determine which form is appropriate, and identify areas that require further attention from a legal or financial perspective.
The focus is on clear provisions regarding appointment of heirs, bequests, statutory shares, real estate, and safekeeping. The goal is not merely a document, but a will that holds up in probate proceedings and relieves the burden on the family.
The Nagler Law Firm provides comprehensive advice on wills, statutory shares, and estate planning. Our goal is to offer advice that is not only legally precise but, above all, easy to understand.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
