How to Make a Will in Austria (2026): Legal Requirements, Valid Forms & Cross‑border Steps

To make a will Austria residents can rely on, you need to satisfy specific formal requirements set out in the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), choose the correct testamentary form, and, if you own assets in Germany or elsewhere, plan for cross‑border recognition. Ongoing public debate over inheritance taxation has pushed more people to ask whether they need a will at all and how best to protect their heirs. This guide sets out, in plain language, exactly how to draft, execute, store and revoke a valid Austrian will, what documents you need, what it typically costs, and how the rules interact with German succession law.

It is written for individuals and for private‑client advisers and executors who need a jurisdiction‑specific, step‑by‑step procedure rather than marketing copy.

Overview, Who this guide is for

This guide covers wills governed by Austrian law, with particular attention to Austria–Germany cross‑border families. It explains the valid forms of will, the formal execution steps, storage and registration options, revocation rules and how European and international instruments affect recognition. It does not provide individual tax advice: where inheritance tax or matrimonial property issues arise, consult a specialist. Nothing here substitutes for tailored legal advice on your specific estate.

Quick read: key takeaways

• Two main valid forms. A holographic (entirely handwritten) will and a will made in writing with witnesses (including a notarial will) are the principal routes; special emergency forms exist but are narrow.
• Formalities are strict. A handwritten will must be written by hand throughout and signed; failures on formal points are a leading cause of disputes.
• Compulsory portions apply. Certain close relatives are entitled to a Pflichtteil (compulsory portion) regardless of your wishes.
• Registration matters. Depositing a will with a notary or court, and recording it in the central register of wills, greatly reduces the risk it is never found.
• Cross‑border planning is essential. If you have links to Germany, Regulation (EU) No 650/2012 and a possible choice‑of‑law clause should shape your approach.

Eligibility and do you need a will in Austria?

Any person aged 18 or over who is capable of forming and expressing a rational decision has testamentary capacity under Austrian law. Persons aged 14 to 18 may make a will only in restricted forms (for example, orally or in writing before a court or notary). You do not have to make a will, Austrian law will still distribute your estate through the rules of intestate succession if you die without one. However, intestacy rarely reflects individual wishes, especially in blended or cross‑border families, and it offers no opportunity to arrange assets held in more than one country.

Who inherits if there is no will, the order of heirs

Where there is no valid will, the estate passes according to statutory intestate succession under the ABGB. In broad terms, the surviving spouse or registered partner and the children inherit first, in defined shares. If there are no descendants, parents and their line follow, then grandparents and their descendants. The surviving spouse’s share depends on which other relatives survive alongside them. Because these fixed shares cannot be tailored to your circumstances, most people with specific wishes should make a will.

Compulsory portions (Pflichtteil)

Austrian law protects certain close relatives through the compulsory portion (Pflichtteil). Descendants and the surviving spouse or registered partner are entitled to a minimum value from the estate even if the will attempts to exclude them. The compulsory portion is a monetary claim against the estate rather than a right to specific property. When you make a will, Austrian practitioners will always calculate the likely Pflichtteil first, because ignoring it is one of the most common reasons a will is later challenged. The governing provisions are set out in the ABGB, accessible via the Federal Legal Information System (RIS).

Valid forms of wills in Austria, the legal requirements

Austrian will requirements depend on the form you choose. The two ordinary written forms are the holographic will and the will made in writing with witnesses, which includes the notarial will. Special emergency forms exist but are strictly limited in scope and duration. Foreign wills may also be recognised where they meet Austrian or internationally accepted formal rules.

Holographic will (eigenhändiges Testament)

A holographic will must be written entirely in the testator’s own hand, from beginning to end, and signed by the testator. Adding the date and place is strongly recommended but is not, in itself, a strict validity condition; dating nonetheless helps establish which will prevails where several exist. Typed text, printed forms partially completed by hand, or documents written by another person do not satisfy the holographic requirement. Sample opening wording might read: “I, [full name], born [date], resident at [address], declare this to be my last will…”, followed by the dispositions, the place, the date and the signature.

The main advantage is speed and low cost; the main risk is evidentiary, handwriting and authenticity are frequently contested, and Austrian Supreme Court (OGH) case law often turns on whether these requirements were met.

Written will with witnesses and the notarial will (fremdhändiges / notarielles Testament)

A will that is not entirely handwritten (for example, a typed will) must be signed by the testator and confirmed by three simultaneously present, capable witnesses, with the testator adding a handwritten note confirming that the document contains their last will and the witnesses signing with a note indicating their capacity as witnesses. A notarial will is executed before a civil‑law notary, who records the execution and confirms the testator’s identity and capacity. The advantages of the notarial route are substantial: the notary’s record provides strong proof of validity, the will can be taken into safe custody, and the risk of formal defects is minimised.

This form is recommended for larger or complex estates, for cross‑border assets, and wherever the risk of a challenge is real.

Oral and other special forms

Austrian law recognises certain emergency wills, for example an oral will made before witnesses where a person is in imminent danger of death and cannot use the ordinary forms. These special forms are subject to strict statutory conditions and lapse after a defined period once the danger passes. They should never be relied upon as a substitute for a properly executed ordinary will and are noted here only for completeness.

Foreign wills executed abroad

A will executed abroad may be recognised in Austria where it complies with Austrian formal rules or with the formal rules accepted under applicable international and EU instruments. The Hague Convention of 1961 on the form of testamentary dispositions and Regulation (EU) No 650/2012 both operate to uphold wills that satisfy the formal law of, for example, the place of execution or the testator’s nationality or habitual residence. This is examined in the cross‑border section.

Step‑by‑step: how to make a will in Austria

The safest way to make a will Austrian courts and notaries will accept is to follow a structured process. The table below sets out who does what and how long each stage usually takes; the numbered steps then explain each stage in detail.

1. Gather your documentation. Collect valid identification, title deeds, bank and account details, insurance policies and any company or shareholder documents. A complete asset picture prevents gaps and ambiguity later.
2. Decide beneficiaries and guardians. Identify who should inherit and in what shares, and, if you have minor children, note your wishes regarding guardianship (final decisions on guardianship rest with the court). Clear, unambiguous identification of each beneficiary is essential.
3. Check compulsory portion rules. Calculate a rough Pflichtteil for protected heirs so that your dispositions do not inadvertently trigger a claim that unravels your plan.
4. Choose the will form. For a simple estate, a holographic will may suffice. For complex estates, cross‑border assets, or where disputes are likely, a notarial will is recommended. Cross‑border owners often prefer a notarial will with an explicit choice‑of‑law clause where permitted.
5. If holographic: write the complete text in your own hand, add the place, the date and your signature, store it securely, and tell your intended executor or a trusted person where it is. Do not type any part of it.
6. If notarial: prepare your documents, bring identification, proof of marital status and a list of assets. The notary drafts and reads the will, you sign in the notary’s presence, and you ask about the custody and central registration options.
7. Register or deposit the will. Choose between court deposit, notary custody with recording in the central register of wills, or entrusting the original to a reliable person. Central registration is the surest way to ensure the will is located after death.
8. Keep records of updates. When you make changes, either destroy prior wills or include an express revocation clause in the new document to avoid conflicting instruments.
9. Know how to revoke or amend. You can destroy the physical original, execute a new will, or make a revocation in an appropriate form. The notarial route provides the clearest evidence.

Working through these steps in order is the most reliable way to make a will Austrian practitioners will regard as robust, particularly where family circumstances are complex.

Required documents

Assembling the correct paperwork before you draft or attend a notary saves time and reduces the risk of errors. The following table lists the documents typically required.

Where documents exist in different national variants or languages, provide certified translations for court or notary use. For cross‑border estates, add foreign title extracts and matrimonial property documents showing the applicable marital property regime. A power of attorney cannot be used to sign a will on your behalf: testamentary acts must be performed personally.

Registering, storing and locating a will in Austria

A perfectly drafted will is worthless if it cannot be found. When you register a will, Austria offers several practical options, and choosing one deliberately is part of sound estate planning.

• Notary or lawyer custody with central registration. A notary (or an Austrian lawyer) can take the original into safe keeping and record it in the central register of wills (Zentrales Testamentsregister), maintained by the Austrian Chamber of Civil‑Law Notaries and the Austrian Bar, so that it surfaces automatically in probate. This is the most secure route.
• Court deposit. You may deposit a will with the competent district court. Administrative procedures and fees follow the applicable court tariffs; check current details with the court or the Federal Ministry of Justice.
• Trusted person. You may leave the original with a reliable individual, but this carries a higher risk of loss, damage or non‑disclosure and should be a last resort.

To ensure your executor or heirs can identify your assets after death, plan how core records will be retrieved. A land register excerpt (Grundbuchauszug) can be ordered through the land registry, and company or shareholding details through the commercial register (Firmenbuch). Recording your will in the central register through a notary or lawyer is the single most effective step to guarantee it is located when needed.

Revoking or amending a will

Circumstances change, and Austrian law gives you clear ways to revoke or amend. To revoke a will, Austrian law recognises destruction of the original, execution of a later will that expressly revokes earlier ones, and other statutory forms of revocation. The safest approach is an express revocation clause in a new, properly executed will, so that no ambiguity remains about which document governs.

Revoke before death, safe methods

If you intend to cancel a will entirely, destroying every original copy is effective but risky if further copies survive. A better practice is to execute a fresh will that begins by revoking all prior testamentary dispositions. Partial amendments, codicils, are possible but must be drafted with care, because inconsistent instruments across several documents are a frequent source of dispute.

Effect of marriage, divorce and children

Major life events can affect a will. In particular, under the ABGB the dissolution of a marriage or registered partnership generally revokes dispositions in favour of the former spouse or partner unless the will provides otherwise. Marriage, divorce or the birth of a child may also alter the calculation of compulsory portions. The practical rule is simple: review and, where necessary, remake your will after any significant change in your family circumstances rather than assuming it still reflects your wishes.

Cross‑border recognition, Austria, Germany and the EU/Hague framework

For families with a foot in more than one country, cross‑border will recognition between Austria and Germany is often the decisive planning issue. Two instruments do the heavy lifting: Regulation (EU) No 650/2012 (commonly called the EU Succession Regulation or Brussels IV), which coordinates succession law across participating EU states, and the Hague Convention of 1961 on the form of testamentary dispositions, which upholds wills that meet the formal law of a range of connecting factors.

Which law governs, habitual residence versus nationality

Under Regulation (EU) No 650/2012, the general rule is that the succession as a whole is governed by the law of the state in which the deceased had their habitual residence at the time of death. The Regulation also permits a person to choose the law of their nationality to govern the whole of their succession. For anyone with connections to both Austria and Germany, including an express choice‑of‑law clause where permitted removes uncertainty about which system applies. This is one of the strongest reasons to make a will, often by notarial deed, rather than leaving succession to default conflict rules.

Recognition of wills executed in Germany

A will executed in Germany will generally be valid in Austria, because both states participate in the EU succession framework and because the Hague Convention supports the formal validity of a will meeting, among other connecting factors, the law of the place of execution. Even so, a notarial will drafted with cross‑border assets expressly in mind provides the clearest evidence and the smoothest recognition. Where a will was executed abroad, obtaining a certified translation and, where required, an apostille or other legalisation will streamline its use before Austrian courts and notaries. A European Certificate of Succession under the Regulation can also assist heirs in demonstrating their status across participating member states.

Timeline and deadlines, what to expect

A holographic will can be created immediately, while a notarial will depends on notary availability, typically a few days to arrange an appointment. After death, the will must be located and probate proceedings (Verlassenschaftsverfahren) begin; these are conducted through the district court, usually with a court commissioner (a notary) handling much of the process. Probate itself commonly runs over several months, with the exact duration driven by the value and complexity of the estate and by any disputes. Building in central registration during your lifetime is the most reliable way to avoid delays at the outset of probate.

Costs and fees

Costs vary with complexity, the professional involved and the region. The figures below are indicative only and are not fixed statutory amounts; always request a written estimate before you proceed.

Fee scales are set at professional and administrative levels and can change, so treat all figures as a starting point rather than a quotation. Where a court commissioner (notary) acts in probate, their remuneration follows the statutory tariff.

What to watch in 2026, legislative and practical context

Inheritance taxation remains a recurring topic in Austrian political debate. Austria abolished its national inheritance and gift tax in 2008, and no general inheritance tax currently applies; however, real‑estate transfer tax and other levies can arise on certain transfers, and any future reform could change the position. Nothing in the current debate alters the formal requirements for making a valid will, but it does keep estate planning topical. Monitor the Austrian Parliament and the Federal Ministry of Finance for developments, and revisit your plan if new tax legislation is enacted.

Common pitfalls and how to avoid them

• Improperly executed handwritten wills. A holographic will that is not fully in the testator’s hand and signed is vulnerable. Complete every element in your own hand and sign it.
• Ambiguous beneficiary descriptions. Identify each beneficiary by full name and, ideally, date of birth to avoid disputes over identity.
• Ignoring the compulsory portion. Failing to account for the Pflichtteil invites claims that can disrupt your intended distribution. Calculate it in advance.
• Not registering the will. A will nobody can find achieves nothing. Use notary or lawyer custody with central registration, or court deposit.
• Relying on foreign forms without advice. For cross‑border estates, take advice and prefer a notarial will with an appropriate choice‑of‑law clause.

Conclusion and next steps

To make a will Austrian residents and cross‑border families can trust, choose the right form, meet the formal requirements precisely, plan for compulsory portions, register the document so it can be found, and address cross‑border recognition where German or other foreign assets are involved. With inheritance taxation a recurring topic on the political agenda, it is a sensible moment to review your arrangements. For tailored guidance, see the related resources below, and consult a qualified adviser before you finalise your will. This article is a general guide and not a substitute for individual legal or tax advice.

Further reading and specialist help are available via Inheritance Lawyers, Austria and the profile of Austria’s inheritance expert.

Sources

1. RIS, Rechtsinformationssystem des Bundes (ABGB & Austrian statutes)
2. Austrian Federal Ministry of Justice (Justiz)
3. Oberster Gerichtshof (Austrian Supreme Court, OGH)
4. Österreichische Notariatskammer (Austrian Chamber of Civil‑Law Notaries)
5. European Union, Regulation (EU) No 650/2012 on succession
6. Hague Conference, Convention on the Form of Testamentary Dispositions (1961)
7. Austrian Parliament, legislative updates
8. Austrian Federal Ministry of Finance (BMF), tax guidance