In Austria, there are two common forms of will. A handwritten (holographic) will under § 578 of the Austrian Civil Code (ABGB) must be written and signed entirely in your own hand – no witnesses are needed. A will typed or written by someone else (§ 579 ABGB) requires three witnesses present at the same time, a handwritten confirmation clause and witness clauses. Formal defects make a will invalid, and intestate succession then applies. Even with a will, the compulsory portion still applies.
Why make a will? Without one, intestate succession applies
If you do not leave a valid will, you leave the division of your estate to the law. Intestate succession under the Austrian Civil Code (ABGB) then applies – and it often does not reflect what the deceased would actually have wanted. The first to inherit are the children and their descendants, alongside the spouse or registered partner. Without a will, godchildren, friends and charities receive nothing, and unmarried cohabiting partners generally only have a right to stay in the home for one year.
With a will, you decide who gets what – within the limits set by law. Austrian inheritance law was reformed by the Inheritance Law Amendment Act 2015 (ErbRÄG 2015). The current formal requirements apply to all wills made since 1 January 2017. Many older templates and guides on the internet are therefore out of date. If you rely on them, you risk a formally invalid will.
Handwritten will (§ 578 ABGB)
The simplest form is the handwritten will. The testator must write it entirely in their own hand and sign it in their own hand. No witnesses are required.
- Entirely handwritten: the whole text must be in your own hand. If even part of it is typed or written by someone else, it is not a valid handwritten will.
- Signature: sign the will yourself at the end of the text, so that your signature covers everything above it.
- Recommended: place and date are not mandatory, but we strongly recommend them. In a dispute, they help establish which of several wills is the most recent.
For most private individuals with straightforward circumstances, the handwritten will is the safest form. Very little can go wrong, because it needs no witnesses and no complicated additional clauses.
A will typed or written by someone else (§ 579 ABGB)
If you type your will (on a computer, for example) or have someone else write it, it falls under § 579 ABGB rather than the rules for handwritten wills. Since the 2015 reform, much stricter formal requirements apply here, and all of them must be met:
- Three witnesses present at the same time: all three must be there together when the will is made. Witnesses brought in one after another are not enough.
- The testator’s own signature on the document.
- A handwritten confirmation clause by the testator stating that the document contains their last will – for example the handwritten sentence ‘This is my last will’. This clause must be in your own hand, even if the rest of the text is typed.
- Witness clause: each witness signs with a handwritten note identifying them as a witness, for example ‘as requested witness to the will’. The document must show who the witnesses are.
In particular, people who benefit under the will and their close relatives cannot act as witnesses. If you want to be on the safe side, have a lawyer or a civil-law notary check the form, or make your will before a notary (notarial will).
- A typed will without three witnesses present at the same time.
- A will typed or written by someone else with no confirmation clause, or with one the testator did not write by hand.
- Witnesses sign without a witness clause, or benefit under the will themselves.
- A handwritten will that is partly typed or written by someone else.
- The signature is missing or is not at the end of the text.
Limits on testamentary freedom: the compulsory portion still applies
Even with a will, you cannot dispose of everything as you wish. Descendants (children and, in their place, grandchildren) and the spouse or registered partner have a statutory minimum entitlement – the compulsory portion. It amounts to half of what the person entitled would receive under intestate succession, and it is a claim to money only. So you can leave these people out of your will, but they keep their compulsory portion in money. Full disinheritance is only possible on grounds for disinheritance that the law defines precisely. You can read more on our page on the compulsory portion and in our overview of inheritance law.
Safekeeping: depositing your will securely (register of wills)
A will is only useful if it is found after your death. A will kept in a drawer at home can be lost, overlooked or, in the worst case, deliberately removed. It is safer to deposit it with a notary or lawyer and have it entered in the Austrian Central Register of Wills. The register does not record the content – only the fact that the will exists and where it is kept. In probate proceedings, the court commissioner – a notary acting on behalf of the court – checks the register automatically. This ensures that your last wishes are actually taken into account.
Handwritten or with advice? An honest assessment
To put it plainly: for many people with clear, simple circumstances, the handwritten will is the safer choice, because it leaves the least room for error. If, on the other hand, you want to make a typed will, follow the formal requirements of § 579 ABGB very carefully – or make your will before a notary from the outset.
Advice from a lawyer or notary is particularly worthwhile in complex circumstances: businesses, several properties, assets abroad, blended families, provision for a cohabiting partner or for relatives with disabilities, or when you want to plan deliberately around compulsory portions. Careful planning here prevents inheritance disputes later – and that usually costs less than court proceedings.
Wills: Mag. Bügler in the Kronen Zeitung
Mag. Johannes Bügler also explained to readers of the Kronen Zeitung what a valid will looks like:
‘Your rights in the crisis’
In the Kronen Zeitung’s readers’ questions series, Mag. Johannes Bügler explained what a valid handwritten will looks like: written entirely by hand and signed in your own hand – no witnesses are needed. He also recommended having the will kept by a lawyer and registered in the register of wills.
View original clipping (PDF) →How we help you
At Teamanwälte, our law firm in Vienna, we help you draw up a legally sound will and avoid formal defects. We review existing wills, advise on the right form and on planning around compulsory portions, and support you with forward-looking estate planning.
Contact: Teamanwälte, Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Book an initial consultation about your will.
Please note: this page provides general information and does not constitute legal advice on any individual case. We do not guarantee any particular outcome. For a binding assessment of your individual situation – especially with complex assets or if you are planning around compulsory portions – please book a personal consultation.