We, as a law firm in Wels advise both Austrian and foreign clients regarding in the field of inheritance law and support you (as heir, beneficiary, legatee or creditor) at the enforcement of your claims and at the defense against unjustified claims. We help you to plan your estate. In this context, we provide guidance and advice on the establishment of a testamentary disposition, or for the execution of a hereditary waiver. The mandatory regulations in regard to inheritance are often not sufficiently considered in last wills, resulting in a dispute after death, which sometimes ends in court.
The first questions when establishing a will are often:
- Which assets are at disposal?
- Are persons entitled to a compulsory portion present?
- Which assets did a heir receive during his lifetime? Should donations be credited to the inheritance( compulsory portion)?
- Which assets did third parties receive?
- Does this give rise to claims of dutiful heirs?
- Formalities for wills
Here the steps are set to regulate the succession, i.e. the transfer of assets after the death of a person. The official acts are carried out by a court commissioner appointed by the probate court. For most parts the execution of the necessary steps can be carried out through written petitions without a notary. We, as lawyers in Wels, like to draft and submit applications for heirs and advise them thereto – especially on the topics of declaration of inheritance and inheritance agreements.
We would like to refer to the European Inheritance Regulation (Regulation (EU) No. 650/2012, EU-ErbVO), which regulates, inter alia, that the inheritance law depends on the state in which the decedent has his habitual residence – his citizenship is therefore secondary.
Register of Wills
As lawyers in Wels we are entitled to register wills, codicils and agreements according to § 14 Abs 5 WEG in the Register of Wills of the Austrian Attorney. The database states where the document is located. This is to ensure that every testamentary disposition can instantly be found by a court commissioner in the event of the demise of a testator.
We, as lawyers in Wels, provide the following services:
- Establishment of wills, legacies or inheritance contracts (these are possible between spouses)
- Establishment of donation contracts and endowments on death
- Establishment of inheritance and compulsory portion waivers
- Completion of the entire probate procedure by written procedure
- Representation at probate procedures
- Execution of estate curators
- Execution of extrajudicial and judicial disputes in the field of inheritance law
- Enforcement of inheritance rights or of the compulsory portion (through out of court negotiations or through a claim at court)
- Advice and enforcement of rights regarding the compulsory part supplement claim and donation creditation
- Planning of operational handovers of businesses