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EXPLAINED: How to make a will in Austria

Making a will can be a daunting process, especially when living overseas. The Local spoke with lawyer Maximilian Harnoncourt to understand more about getting your affairs in order as an international resident in Austria. Here's what you need to know.

EXPLAINED: How to make a will in Austria
International residents are allowed to make a will in Austria, according to Austrian law. (Photo by Huy Phan / Pexels)

Making a will in Austria

Under Austrian law, a will is a legal document that states who should inherit which assets when someone dies.

According to the legal website Erbrecht-ABC, the easiest way to make a will is for someone to write it themselves by hand and then sign it. This is known as eigenhändiges Testament and can be done without the presence of a notary, lawyer or witness.

A will can also be typed (fremdhändiges Testament) but still has to contain, “This is my last will and testament” in handwriting. 

READ ALSO: EXPLAINED: Property buying rules for international residents in Austria

In the case of a typed will, the law states it must be witnessed by three people who then sign the document.

Then there are notarial or judicial wills, although these types of will are rare. 

Any special process to be aware of?

Lawyer Maximilian Harnoncourt, from Schneider & Schneider Rechtsanwalts, said that anyone making a will in Austria should formally register it with a notary or lawyer so that it can be submitted to the Austrian Central Register of Wills

Harnoncourt told The Local: “The advantage of going to a lawyer or a notary is that professionals will make sure that the formal requirements are met and that your will is valid.

“Since lawyers and notaries are obliged to record the will in a register, you have the guarantee that the will is actually taken into account after your death.”

However, it’s worth noting that the Central Register of Wills does not contain actual wills. Instead, a lawyer submits an official record of the creation and filing of the will to ensure that when someone dies, the will can be found.

READ NEXT: Visas and residency permits: How to move to Austria and stay long-term

Can foreigners make a will in Austria?

Under Austrian law, anyone living in the country (even international residents) can make a will.

Harnoncourt said: “In principle, people living in Austria can make a will according to Austrian laws and are treated the same as Austrians.”

But the validity of an Austrian will overseas depends on where the person was living when they died or if there are additional assets to be considered, as Harnoncourt explains.

He said: “Whether a will is valid abroad can only be determined on a case-by-case basis. The question is mostly relevant if you move to another country or if there are assets in another country.

“In principle, in the EU (there are special rules for Denmark and Ireland), a will is also valid in another EU country if it is valid according to the regulations of the country in which it was made.

last will and testament

(Photo by Melinda Gimpel on Unsplash)

“However, you should always seek advice from a lawyer if you have significant assets abroad or if you intend to move your residence to a non-EU country.”

So, is it actually worthwhile for international residents to make a will in Austria?

Harnoncourt says yes – especially if you want to distribute your estate differently to Austrian inheritance laws (more on that below), or if there are special instructions.

He said: “As an international resident you can choose whether Austrian laws or the laws of your citizenship shall apply. For example, to avoid mandatory portions going to children under Austrian laws.”

FOR MEMBERS: Everything you need to know about Austrian inheritance laws

What is Austria’s inheritance law?

In Austria, if a will is not made, the entire estate will go to the heirs due to Austrian succession of inheritance laws.

This means the children (or grandchildren) will inherit two thirds of an estate, while the spouse is eligible for one third. Since 2017, parents are no longer included in forced heirship (known as Pflichtteilsrecht) in Austria.

If there are no heirs or life partner, then the Federal Government handles the estate of the deceased.

Additionally, there is no inheritance tax in Austria, but there is a real estate transfer tax, which is 3.5 percent of the purchase price of a property.

How much does it cost to make a will?

As with most things related to law, making a will is not free. But the costs can vary depending on the type of will made and whether you need legal advice.

The Austrian federal government website states there is a one-time fee of between €300 to €500 to hire a notary and register a will. This covers the cost of advice, professional drafting, filing and registration in the Central Register of Wills.

The cost of filing a will that is handwritten without any legal advice is around €100, plus expenses and sales tax.

The cost of hiring a lawyer to handle a will can vary and there will still be a one-time fee to submit the will into the Central Register of Wills.

Useful vocabulary

Will – das Testament

Inheritance – das Erbe

Notary – der Notar

Lawyer – der Rechtsanwalt

Useful links

Find a notary in Austria at notar.at.

Austrian Bar Association (Österreichischer Rechtsanwaltskammertag)

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For members

POLITICS

How much do Austrian politicians earn as a monthly salary?

Politicians in Austria are getting a 5.3 percent salary increase in 2023 as inflation rises in the country. So how much will they earn?

How much do Austrian politicians earn as a monthly salary?

The rising inflation rate, which is expected to be at 10.6 percent in November, is reflected in the salaries of politicians in Austria, according to the official gazette of the Wiener Zeitung.

According to Austrian law, all salaries are calculated based on the income of the members of the National Council, the Austrian Parliament. Next year, they will receive €9,873 gross per month – €497 more than their salaries in 2022. The values were rounded to the whole euro amount. 

READ ALSO: How much do you need to earn for a good life in Austria?

So, how much are the leading politicians going to earn as a monthly gross salary in 2023?

  • Bundespräsident: the head of the Austrian State (Federal President) will earn €26,701 per month. Alexander Van der Bellen was reelected to the position and should stay in the job for six more years
  • Bundeskanzler: the head of the Austrian government (Chancellor) will earn €23,840 per month. That’s the salary of Karl Nehammer (ÖVP), who is expected to run for reelection in the next national elections set for 2024
  • Vizekanzler: the current vice-chancellor is Werner Kögler (Greens), and he is set to earn €20,979 from 2023
  • NR-Präsident: this refers to the leader of the National Council (Nationalrat, in German), who earns €20,026. Wolfgang Sobotka (ÖVP) holds the position
  • Landeshauptleute: this German word literally means “main persons of the province”. (Land means country, but it actually refers to the bundesländer, the country’s states or provinces). These are the current governors of the Austrian provinces, such as Michael Ludwig (SPÖ), mayor of the city-state of Vienna. They’ll earn €19,072 per month
  • Ministerin/Minister: Ministers of the federal government, including Health and Social Minister Johannes Rauch (Greens), will earn €19,072 every month
  • Landesrätin/-rat: the provincial councillors should earn €17,771 every month from 2023
  • Staatssekretärin/-sekretär: State secretaries, who play the part of Ministers in the provincial level, will earn €17,165
  • Bundesratsmitglieder: a “member of the Bundesrat”, which is the upper house in the Austrian parliament, will earn €4,936 per month

READ ALSO: Explained: How to understand your payslip in Austria

In Austria, hired employees are paid 14 times per year, with extra salaries ahead of summer holidays and Christmas.

Unless the National Council decides against the pay rise, the increase will come into effect on January 1st 2023.

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