Writing a will without consulting a lawyer is possible, but should be avoided if possible. The Kitzbühel lawyer Mag. Stefano Santagata explains why and describes where mistakes often creep in.
Invalid wills, hot topic?
If formal requirements are not met, a will is ineffective. Lay wills in particular cause problems. Just last January, the Supreme Court declared a will written on a PC invalid because the pages of the testamentary disposition were not tightly bound (2Ob143 / 19x, Attorney Mag. Santagata involved in the proceedings). Errors in wills are often only discovered when they can no longer be corrected, namely after the willor’s death. It is therefore always advisable to hire a lawyer to draw up or review a will.
What is the most common misconception?
Often, spouses without children believe that if one dies, the surviving spouse legally inherits the entire property and therefore a will is “superfluous”; however, this is only the case if both parents of the deceased spouse are no longer alive. Misunderstandings also often arise when it comes to partner inheritance law.
RA Santagata, you are also Avvocato (Italian lawyer): Are there major differences between the inheritance laws of the individual states?
Yes indeed. In principle, the law of the country in which the deceased was domiciled at the time of death applies, which often leads to undesirable consequences. There are significant differences between Austrian and Italian inheritance law, e.g. B. with regard to the persons entitled to a compulsory share and the inheritance quotas. This also applies to other countries; in Tyrol there are often links to German inheritance law, as numerous German citizens have settled here.
Can you take precautions in this regard, especially in the event of a delay abroad?
Yes, there is the possibility of making a choice of law in the will and thus determining the applicable law of inheritance; you can z. B. choose the application of the law of the state of which you are a national.
One final tip?
Have your will drawn up by a lawyer experienced in inheritance law and registered in the will register. A lawyer will also be happy to keep your will. Further information can be found at: www.rechtsanwaelte.at
Living will and will: It is essential to register!
Many people want to make arrangements in the event of serious health impairment or death, for example in the form of a living will and / or a will and testament, better known as a will. If necessary, both are often not immediately available or even cannot be found. To prevent this from happening, Austria’s lawyers have set up a living will and will register. In the will register of Austrian lawyers, information on wills, agreements or inheritance waivers can be entered and these can be found more easily. In addition to information on the living will, a copy of the document can also be saved in the living will register of Austrian lawyers. In an emergency, hospitals can view the living will and take the necessary steps. Do you need help with a living will or will? The Tyrolean lawyers will be happy to help you with the establishment and registration.
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