Inheritance Lawyers in Austria

Our inheritance lawyers in Austria can help persons draft a will or get an inheritance, in respect with the applicable laws. The Inheritance Law in Austria mentions the procedures for succession, both in those cases in which the testator has left a will or an inheritance contract and in the case in which the individual did not manage to do so. In this article you will find out some of the formalities imposed in this field, from a legal point of view.

Types of wills in Austria

According to the Inheritance Law in Austria, natural persons can easily make a will, including foreigners living in this country. A notarial will can be written or oral, and the respective mentions can be made in front of the notary. The judicial one can be expressed in the same way, orally or in writing, while a private will handwritten and signed by the testator needs no witnesses; a private will not written in the testator's own hand requires 3 witnesses.

Regardless of the type of will you want to make in Austria, we recommend legal help from our Austrian inheritance lawyers. With experience in this field, our specialists can prepare the necessary documents and take care of formalities from a legal point of view.

A residence permit in Austria can be obtained within a maximum of 3 months from the date of application. The formalities are quite simple, but we recommend that you contact one of our lawyers to benefit from full support. In addition, you have our support to obtain a work permit in this country, if you are relocating for this very reason. Therefore, contact our team of lawyers to find out all the information that concerns you.

Succession in case of no will

Intestate succession or intestacy is the situation in which the assets of the deceased are distributed when there is no will. The total assets include both the movable and the immovable assets and they are distributed according to the four recognized classes of heirs:

First class: the children of the deceased and their descendants are the first ones to inherit the assets;
Second class: the parents of the deceased and their descendants, the brothers and sisters (if any);
Third class: the grandparents of the deceased and their descendants (uncles, aunts and cousins of the deceased);
Fourth class: the great-grandparents of the deceased, are not to be replaced by their descendants if they are no longer alive when the distribution of assets is made.

When the assets cannot be distributed to any of the four statutory classes, then they become the property of the Republic of Austria.

According to the Inheritance Law, part of the estate must be attributed to the close relatives who are alive. Under intestacy, the children (and their descendants) inherit two thirds and the spouse one third. When there are no children, the spouse is entitled to two thirds and the parents of the deceased to one third. The forced share (Pflichtteil) of children and the spouse is half of their intestate share; since 2017 parents are no longer entitled to a forced share.

Legal representation can be important in case of intestacy or when forced heirship applies. You can choose to reach out to our team of inheritance attorneys in Austria if you have any questions.

Succession as per the will

Any individual in Austria can choose to draw up a will, in writing, in order to attribute the proportion of the disposable portion of the estate to whom he desires. Part of the estate is reserved and will be attributed to the children (including adopted ones) and spouse, however, the testator may distribute the remaining estate to other persons.

Our team of inheritance lawyers in Austria can help individuals draw up a will. When necessary, we can help prepare the will and the testator will only need to sign in in the presence of witnesses.

Pensions in Austria according to the Inheritance Law

The same set of laws mentions 3 types of benefits for people who have lost their husband or wife. Let’s review them to be able to understand what it is about:

Funeral expenses grant – addressed to those who cannot afford the funeral costs. The expenses can be around EUR 430 and can be obtained with the help of the sickness insurance fund in Austria.
Widow’s or widower’s pension – It is a pension for the surviving spouse, who is at least 35 years old at the time of the loss of the partner. The help is mainly offered if the family has a minor child.
Orphan’s pension – Financial aid is provided to children until they reach the age of 18. In the case of students, the age increases up to 27 years.

Our local specialists can provide in-depth information on this topic. On the other hand, our immigration lawyers in Austria are at your service with legal advice if the inheritance is a matter of foreign affairs.

How is the inheritance Law in Austria applied?

Since 17 August 2015 the EU Succession Regulation applies: the law of the deceased's last habitual residence (or the chosen law of their nationality) governs the whole estate, and Austrian courts are generally competent if that residence was in Austria. The same law applies to movable and immovable properties alike; movables no longer fall automatically under the law of the country of origin of the citizen.

In addition, you must also consider the real estate transfer tax on Austrian property (inheritance tax was abolished in 2008), at the time of the distribution of assets after the death of a person. Our lawyers in Austria are at your disposal for specialized help in this matter.

In addition, our immigration lawyers in Austria can help those who want to relocate to this country. We are at your disposal if you want details about immigration to Austria.

How much is the inheritance tax in Austria?

The inheritance tax in Austria has been abolished in 2008. Even if this inheritance tax in Austria has been eliminated, there is still a property transfer tax, which has undergone various changes over time. Here are some interesting aspects in this regard:

Any donation made by the family that exceeds the value of EUR 50,000 must be notified to the authorities. Otherwise, the authorities can apply penalties.
A real estate transfer tax of 0.5% applies, for inherited or gifted property, to the first EUR 250,000 of the property value, and 2% applies to the next EUR 150,000.
A real estate transfer tax of 3.5% is applied to the part of the value above EUR 400,000.
With the help of double taxation treaties signed by Austria, double taxation of inheritance can be avoided.

We invite you to discuss more about inheritance tax in Austria with one of our Austrian inheritance attorneys. Also, those interested in immigration to Austria can solicit the support of our specialists.

Contact our law firm in Austria for complete assistance for inheritance and estate planning matters.