Basically, one should make a valuation of one’s assets and think about what might suit whom in the family.

Tip: Always make a head of it and keep it separately.

7. What are the advantages of making a will with a notary or a lawyer?

Attorneys and notaries do not only pay attention to the formal correctness of the will. They also offer the filing and registration of the document in the central will register. The costs for the creation are – depending on the effort – around 500 €. Important: By the way, a will can be revoked at any time; the last one is always valid.

«Inheritance disputes are often a continuation of emotional conflicts»

8. What is the best way to do it in a family?

Basically, one should make a valuation of one’s assets and think about what might suit whom in the family. The law does not say who should get what exactly from the inheritance. A fair division is always possible. Tip: A joint conversation in an assembled group would be a good first step. «Inheritance disputes are often a continuation of emotional conflicts (» «You always preferred my brother». These problems should be clarified in advance, «advises lawyer Perl.

9. In which situation are inheritance disputes inevitable?

Inheritance disputes usually arise when one of the family feels disadvantaged. A gift during your lifetime can cause displeasure in the family. If, for example: a child gets something to finance an apartment, then the inheritance is shortened and in the end there is much less for everyone. «» Here it would be important to include the rest of the children and say: ‘You will be given appropriate consideration in the will for this,’ says the expert. Also difficult: when the father of a family marries a new woman and disadvantages the children from the first marriage in their favor.

10. What are the most common mistakes in inheritance law?

There are many half-truths and falsehoods around the topic of inheriting. Lawyer Susanna Perl reports a classic fallacy: «» I often hear the sentence, especially from unmarried couples: ‘Yes, we’ve been living together for a long time anyway, he / she will inherit automatically anyway.’ That is not the case! «» It must be regulated through the will. The same applies to: «» I write my will on the computer and then it is valid. «» Wrong! The witnesses are missing. «» Once I am appointed to the will, it stays that way. «» Wrong! Especially in the case of divorce, spouses can change this on the last day. Tip: A will should be updated every few years if the life situation of the testator and heir has changed.

11. How can I disinherit someone?

This is not so easy. This is practically impossible with the compulsory portion – this must be given to every child or wife. An example: A father would like to disinherit what in his opinion is a failed son and pass everything on to his wife and daughter.123 & me No matter what he now writes in the will: The compulsory portion remains with the son. According to the legal succession (i.e. without a will), the son would receive a quarter of the inheritance in this constellation. His compulsory portion is therefore one eighth. Explanation: In Austria children inherit two thirds, spouses inherit one third. The compulsory portion is half of this legal inheritance. So if you have an argument with one of your children and want to disinherit them completely, that’s a difficult undertaking. «» When it comes to the compulsory portion, the reasons for disinheritance must be checked very strictly, «says Perl. Only gross violations of the child against the parents – we are talking about criminal acts – would give leeway to undo the compulsory portion.

12. Can I inherit debts too?

Yes, because the estate not only includes assets, it also includes all debts. How should one proceed here? Never give an unconditional declaration of inheritance. Otherwise, as an heir, you are also liable with your private assets. Important: You can always turn down an inheritance!

© Gaerner Perl_diema communications _Walter J Sieberer

About the person: Mag. Susanna Perl completed her law degree at the University of Vienna and subsequently trained as a mediator. She has been a registered lawyer for 10 years, specializing in marriage and family law. Together with lawyer Dr. Clemens Gärner runs a law firm in the 1st district in Vienna. In addition to her lectures, she is also an author of specialist books on the subject of maintenance and matrimonial property law. She is also the examination commissioner for the bar exam

Read news for 1 month now for free! * * The test ends automatically. More on this ▶Win true wireless earphones from JBL now! (E-media.at) New access (yachtrevue.at) 8 reasons why it’s great to be single (lustaufsleben.at) Salmon shrimp burger with wasabi mayonnaise and honey cucumber (gusto .at) In the new trend: Shock-Down – how long can the economy withstand lockdowns? (trend.at) The 35 best family series for laughing and feeling good (tv-media.at) E-Scooter in Vienna: All providers and Prices 2020 in comparison (autorevue.at)

Except on All Saints’ Day, very few people think about death. That is probably also the reason why the vast majority of Austrians do not have a will. Inheritance disputes are among the most emotional and violent legal conflicts of all. What to consider when making a will.

1. When is the right time to think about the will?

As people get older, they begin to ponder their legacy – and only then do many decide to come up with a plan. Of all Austrians who are 60 years or older, only a third have written a will. But when is the right time for it?

2. In this case, young people also have to regulate their wills

«» It is absolutely necessary when you enter into a second marriage, «says lawyer Susanna Perl. On the one hand to protect the children from the first marriage or on the other hand to favor the spouse from the second marriage. «» Divorce proceedings in particular often take longer. It can happen that the betrayed spouse makes a will in favor of the children. Simply so that the spouse, by whom one was disappointed, is out of the inheritance and would only get the compulsory portion, «» the expert knows.

Important: protect spouses

But even with married couples with children who are happy, there are situations where the estate should be excited prematurely. For example when the two of them built a house together. If a spouse dies, the survivor would have to pay the legal inheritance to the children. Even if they are still minors. In this case, the money would have to be invested verbally until the child is 18 years old. In most cases, however, the money is not readily available. The result: the house has to be sold. Anyone who has made a will beforehand protects the spouse and the joint life’s work.

3. What is meant by legal succession?

Without a regulated estate (will), legal succession applies in Austria. The spouse is entitled to one third of the inheritance, the other two thirds go to the children. Since January 1, 2017, only the descendants and the spouse or registered partner are entitled to a compulsory portion. Parents and other ancestors no longer receive a compulsory portion due to the reform of inheritance law. But be careful: The law does not say who should receive what from the genetic material.

4. Who is left empty-handed according to the legal succession?

For example, survivors who receive nothing according to the law are divorced spouses. Even stepchildren are never legal heirs. The same applies to life partners who were not married to the deceased and were also not in a registered civil partnership. If you want to leave assets to these people, you have to make a will. A will is also very important for childless married couples and in civil partnerships in which the surviving partner should be the only heir.

5. Can you make a will at home by yourself?

«» Yes, you can handwrite that. Anyone who writes it on the computer needs three independent witnesses. By independent is meant that it must not be those people who are included in the will, «explains lawyer Susanna Perl.

6. Which formal requirements have to be observed in the will?

In the case of a handwritten will, a date, the signature and “My Last Will” must be on it. And of course who you want to appoint as heir. «» It is also important to think about where you want to store the document, «says the lawyer. Tip: Always make a head of it and keep it separately.

7. What are the advantages of making a will with a notary or a lawyer?

Attorneys and notaries do not only pay attention to the formal correctness of the will. They also offer the filing and registration of the document in the central will register. The costs for the creation are – depending on the effort – around 500 €. Important: By the way, a will can be revoked at any time; the last one is always valid.

«Inheritance disputes are often a continuation of emotional conflicts»

8. What is the best way to do it in a family?

Basically, one should make a valuation of one’s assets and think about what might suit whom in the family. The law does not say who should get what exactly from the inheritance. A fair division is always possible. Tip: A joint conversation in an assembled group would be a good first step. «Inheritance disputes are often a continuation of emotional conflicts (» «You always preferred my brother». These problems should be clarified in advance, «advises lawyer Perl.

9. In which situation are inheritance disputes inevitable?

Inheritance disputes usually arise when one of the family feels disadvantaged. A gift during your lifetime can cause displeasure in the family. If, for example: a child gets something to finance an apartment, then the inheritance is shortened and in the end there is much less for everyone. «» Here it would be important to include the rest of the children and say: ‘You will be given appropriate consideration in the will for this,’ says the expert. Also difficult: when the father of a family marries a new woman and disadvantages the children from the first marriage in their favor.

10. What are the most common mistakes in inheritance law?

There are many half-truths and falsehoods around the topic of inheriting. Lawyer Susanna Perl reports a classic fallacy: «» I often hear the sentence, especially from unmarried couples: ‘Yes, we’ve been living together for a long time anyway, he / she will inherit automatically anyway.’ That is not the case! «» It must be regulated through the will. The same applies to: «» I write my will on the computer and then it is valid. «» Wrong! The witnesses are missing. «» Once I am appointed to the will, it stays that way. «» Wrong! Especially in the case of divorce, spouses can change this on the last day. Tip: A will should be updated every few years if the life situation of the testator and heir has changed.

11. How can I disinherit someone?

This is not so easy. This is practically impossible with the compulsory portion – this must be given to every child or wife. An example: A father would like to disinherit what in his opinion is a failed son and pass everything on to his wife and daughter. No matter what he now writes in the will: The compulsory portion remains with the son. According to the legal succession (i.e. without a will), the son would receive a quarter of the inheritance in this constellation. His compulsory portion is therefore one eighth. Explanation: In Austria children inherit two thirds, spouses inherit one third. The compulsory portion is half of this legal inheritance. So if you have an argument with one of your children and want to disinherit them completely, that’s a difficult undertaking. «» When it comes to the compulsory portion, the reasons for disinheritance must be checked very strictly, «says Perl. Only gross violations of the child against the parents – we are talking about criminal acts – would give leeway to undo the compulsory portion.

12. Can I inherit debts too?

Yes, because the estate not only includes assets, it also includes all debts. How should one proceed here? Never give an unconditional declaration of inheritance. Otherwise, as an heir, you are also liable with your private assets. Important: You can always turn down an inheritance!

© Gaerner Perl_diema communications _Walter J Sieberer

About the person: Mag. Susanna Perl completed her law degree at the University of Vienna and subsequently trained as a mediator. She has been a registered lawyer for 10 years, specializing in marriage and family law. Together with lawyer Dr. Clemens Gärner runs a law firm in the 1st district in Vienna. In addition to her lectures, she is also an author of specialist books on the subject of maintenance and matrimonial property law. She is also the examination commissioner for the bar exam

Read news for 1 month now for free! * * The test ends automatically. More on this ▶Win true wireless earphones from JBL now! (E-media.at) New access (yachtrevue.at) 8 reasons why it’s great to be single (lustaufsleben.at) Salmon shrimp burger with wasabi mayonnaise and honey cucumber (gusto .at) In the new trend: Shock-Down – how long can the economy withstand lockdowns? (trend.at) The 35 best family series for laughing and feeling good (tv-media.at) E-Scooter in Vienna: All providers and Prices 2020 in comparison (autorevue.at)

Except on All Saints’ Day, very few people think about death. That is probably also the reason why the vast majority of Austrians do not have a will. Inheritance disputes are among the most emotional and violent legal conflicts of all. What to consider when making a will.

1. When is the right time to think about the will?

As people get older, they begin to ponder their legacy – and only then do many decide to come up with a plan. Of all Austrians who are 60 years or older, only a third have written a will. But when is the right time for it?

2. In this case, young people also have to regulate their wills

«» It is absolutely necessary when you enter into a second marriage, «says lawyer Susanna Perl. On the one hand to protect the children from the first marriage or on the other hand to favor the spouse from the second marriage. «» Divorce proceedings in particular often take longer. It can happen that the betrayed spouse makes a will in favor of the children. Simply so that the spouse, by whom one was disappointed, is out of the inheritance and would only get the compulsory portion, «» the expert knows.