Forms of Wills in Austria: When Is Each One Valid?

In Austria, it is not enough to write down who should inherit your property. A will must meet strict formal requirements or it may be invalid. Austrian law, under the ABGB, recognises several forms of wills, each with its own conditions.

Who can make a will?

In principle, anyone over the age of 18 can make a will. The person must understand that they are making a will and must understand the content of their decisions. This is known as Testierfähigkeit.

• Under 14: Cannot make a will.
• Between 14 and 18: Can make a will only orally before a notary.
• Over 18: Can make a will in any form.
• Unable to form a free decision, for example because of a mental illness or acute complete intoxication: Cannot make a will.

For people between 14 and 18, the notary must use questions to establish whether the person understands the intention and consequences of making a will. The result must be recorded. Since 1 January 2017, people who have an Erwachsenenvertreter are not subject to a separate formal restriction.

Handwritten will (eigenhändige Verfügung)

For a handwritten will made after 1 January 2017, you must write the entire text by hand and sign it at the end. If any part is typed or written by another person, it is no longer a handwritten will.

Important requirements

• You must sign the will in a way that makes your identity beyond doubt. A full name is recommended, although a signature such as “Your father” may also be sufficient.
• A mark or stamp is not sufficient.
• Any later additions must be signed again.
• Adding the date is recommended because it can be important in the Verlassenschaftsverfahren if several contradictory wills are found.
• No witnesses are required.

Will written by another person (fremdhändige Verfügung)

This type of will may be typed, produced on a computer or handwritten by another person. In return, it must meet additional formal requirements:

1. You must sign it personally.
2. You must add a handwritten statement confirming that the document contains your final wishes.
3. You must sign it in the presence of three witnesses.
4. The witnesses must sign at the end of the text and add a handwritten statement showing that they are signing as witnesses, such as “as a testamentary witness” or, in German, “als Testamentszeuge”.
5. The document must make it possible to establish the witnesses’ identities, for example through their dates of birth, residential addresses or work addresses.

The witnesses do not need to know the content of the will. They only confirm that the document contains your final wishes. A will prepared by a notary or lawyer is generally also a fremdhändige Verfügung; in that case, the notary or lawyer and office employees act as witnesses.

Who cannot act as a witness?

• A person under 18
• A blind, deaf or mute person
• A person who does not understand the language of the will
• A biased person, including a beneficiary, the beneficiary’s relative or in-law, or a representative or body of a beneficiary organisation

Common mistakes that can make a will invalid

• Only two witnesses sign the will.
• The witnesses sign only their names and do not add the required witness statement.
• A close relative of the beneficiary acts as a witness.
• The required number of witnesses is not present.
• The witnesses’ identities cannot be established.
• The will consists of several loose pages that are not connected in terms of content.
• The witnesses sign separately or on a blank page.

The text, statement, signatures and witness details should preferably all appear on a single page.

Oral will (Nottestament)

An oral will is possible only where there is an immediate risk that you will die or lose the ability to make a will. In that situation, you may make an oral statement or a statement written by another person in front of two suitable witnesses. The witnesses must be capable of acting, not involved in the inheritance and not biased.

Examples include making a statement in front of two paramedics after a serious accident, calling out to two companions during a mountain emergency, or making a statement immediately before emergency surgery.

At the request of any interested person, the oral final wishes must be confirmed by the witnesses through consistent testimony. Without this confirmation, the will is invalid. An oral will is valid for only three months from the end of the danger. After that, it is advisable to replace it with a written will.

Inheritance contract (Erbvertrag)

An Erbvertrag is not a will. It is a bilateral legal transaction between spouses or registered partners and must be concluded as a notarial deed (Notariatsakt). It can be amended only by mutual agreement.

An inheritance contract can cover no more than three quarters of the estate. A “pure quarter” remains freely disposable and is free from debts and compulsory shares. The contract ends upon divorce or the termination of the registered partnership.

Where should you keep a will?

You can keep a handwritten will among your personal documents or deposit it with a notary or lawyer for a small fee. Registration in the Austrian Chamber of Notaries’ central register, the Zentrales Testamentsregister, or in the bar register is recommended.

Only personal details and the date are recorded in the register, not the content of the will. After your death, the notary can find out where the will is kept, helping to prevent it from being concealed or removed.

How can a will be changed or revoked?

A will can be changed or revoked at any time:

• Expressly, in the form required for a will. This is the safest method.
• Implicitly, through a new will.
• By destroying the document, for example by tearing it up, burning it or crossing it out.

A will benefiting a former spouse, former registered partner or former partner automatically loses effect upon a legally final divorce or the end of the relationship, unless the will provides otherwise.

Frequently asked questions

Are witnesses required for a handwritten will?

No. If you write the entire text by hand and sign it at the end, witnesses are not required.

Are two witnesses enough for a typed will?

No. A fremdhändige Verfügung requires three witnesses. Using only two witnesses is a common mistake that can make the will invalid.

Can you still make a will before a court?

No, not since 1 August 2026. Wills deposited with a court before that date remain valid.

Can a will be challenged?

Yes. A will may be challenged because of a substantial mistake by the person making it. A substantial mistake results in invalidity, while a non-substantial mistake may result in correction.

Practical steps

1. Choose the form of will that fits your situation.
2. If you write a handwritten will, write the entire text yourself and sign it at the end.
3. If the will is typed or written by another person, arrange three suitable witnesses and include all required witness statements and identity details.
4. Add the date, particularly if you may have more than one will.
5. Keep the original safely or deposit it with a notary or lawyer.
6. Consider registering it in the Zentrales Testamentsregister or the relevant bar register.
7. Seek advice from a lawyer or notary if your situation is complex or you are unsure whether the formal requirements have been met.

This article is based on information available online and does not constitute legal advice. Use of this information is at your own risk. The source is oesterreich.gv.at.