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How can I compile a will to ensure it is valid? What do I have to consider when leaving an inheritance? What do I have to consider when making donations?

The Will

Anyone who wants to bequeath their estate and does not want intestate succession to apply, must leave a testamentary disposition. For this to be legally valid, certain formal requirements must be met. It is best to consult an expert about this. Below, we have explained everything else you might need to take into consideration. 

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Notary public in office stamping documents

Donations

It is often maintained that making donations while you are alive is generally easier and cheaper than bequeathing your estate. In the case of donations, however, there are numerous details to take into account such as property transfer tax in the case of real estate. Also in this case, it is always wise to seek professional advice. 

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House on the lake Wolfgangsee Austria

Intestate succession

In Austria, there is no obligation to draw up a will (testamentary freedom) If someone dies and has not left a testamentary disposition, intestate succession applies. 

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EU Succession Regulation

The EU Succession Regulation regulates cases with a foreign connection, such as the following: An Austrian lives in Italy and dies there, but leaves assets throughout Europe. The EU Succession Regulation determines which law of succession is applicable in cases of international succession. 

More about the Succession Regulation
EU flag waving in front of European Parliament building. Brussels, Belgium

The health care proxy

What happens if one day you are no longer in a position to sort out your matters yourself? In this case, the health care proxy applies, which allows you to determine a person of trust now, who would then take care of your assets and business if the occasion arises. In this way, you can determine this person yourself and avoid judicial representation of an adult. Important: It is mandatory for the health care proxy to meet the appropriate formal requirements. 

More about the health care proxy
The old man wrote a testament, sitting at a wooden table

It is absolutely recommended to rely on competent advice from a notary or a solicitor. In case of any questions please do not hesitate to consult an expert about this.

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