Austria: Drafting of wills - post-inheritance

 

It often happens that the testator wants to avoid that certain persons and their descendants receive something from his estate assets, neither through legal transactions between living persons nor through testamentary dispositions or a statutory right of inheritance.

In this specific case, such a constellation was decided by the Supreme Court, which developed the following legal principles.

1. Rules of inheritance in the will are permissible, according to which it depends on the conditions occurring after the death of the testator which person belonging to a certain group of people should actually inherit. It is also permissible to make the status of heir of such persons dependent on a condition to be fulfilled after the death of the testator

Conclusion: Random conditions or volitional conditions are permissible.

2. Subsequent inheritances are to be entered both in the decision to inherit and in the public books.

3. The principle that the compulsory portion must be freely available to the person entitled to a compulsory portion is not contradicted by the fact that the assets allocated to the person entitled to a compulsory portion cannot be used immediately.

4. The beneficiary of the compulsory portion must allow a pecuniary advantage to be taken into account, which lies in the fact that he is granted a right to live on the basis of which he saves the rent. Likewise, that he earns rent from renting out apartments.

 

For further information, please contact:

Harald Kronberger , Partner

Zumtobel Kronberger Rechtsanwälte OG, Salzburg

e: kronberger@eulaw.at

t: +43 662 624500

 

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