Modernisation of Austrian Inheritance Law - An Overview

Through the EU legal order as well as through the Law on changes to inheritance rights 2015 ("Rechtsreform") in Austria has led to a comprehensive change and Modernization des Erbrechts have arrived. The legal matters regarding inheritance remain the same (which are already quite old in principle). General Civil Code (ABGB) is regulated. This has not only resulted in linguistic modernization – for example, the death of the testator instead of the heir or the bequest instead of the legacy. The following are important aspects of the early Entered into force in 2017 Changes brought about by the Inheritance Act 2015 are presented.

Spouses inherit instead of grandparents and siblings

A fundamental principle of inheritance is that Wealth to the one who has passed away next Generation (Children) passed on will be transferred to the spouse in a first step. Due to the inheritance law reform, this will now also occur in other situations. Better position in the succession for spouses and registered partners. While in the past, upon the death of the Married couples without children or parents the deceased's grandparents and siblings, in addition to the surviving partner (e.g., spouse, registered partner), entered as co-heirs, suppressed now the surviving spouse/registered partner Grandparents and siblings and he inherits the whole.

Changes in the law of intestate succession

As the name suggests, this restricts the Compulsory law the design options of the person who is bequeathing something, since in most cases at least one a certain portion of the inheritance den nearby Relatives It has to happen by chance. What is new is that the Parents and the ancestors of the deceased No longer entitled to a contribution There are also changes regarding how to treat gifts to beneficiaries at the time of their death and their successors. Addition to the mandatory share This is a mistake. The amendment is intended to strengthen this situation. Equal treatment of gift recipients come and at the same time provide more freedom of design for the person inheriting the property. In principle, the heir has the duty to Right to a mandatory monetary compensation has, if he has not already received his share by means of gifts or bequests from the still living and now deceased person. On the other hand, the Deceased last-ditch have, that Donations to the recipient of the gift Not on whose Compulsory part to be charged Yes. The right of maintenance arises upon the death of the testator and is due regularly one year after death. Since the liquidity requirement associated with the payment of the maintenance may, under certain circumstances, make it necessary to sell inherited assets such as, for example, land, the following exists: Possibility (voluntarily by the deceased or by the court) the Deferment or Installment payment des Compulsory. The right to a share of the inheritance is to be paid interest at 4% per annum.

Spouse has extraordinary inheritance rights

According to the previous legal situation and under the assumption missing heirs the possession fell to the State to (so-called "Right of residence"And now "Acquisition by the Federation"). Recently, in such a situation (i.e. no testamentary or statutory heir) to the spouse or partner exceptional inheritance law Yes. The prerequisites are the Living together in the joint household within the last three years before death of the partner and the an upright community of life at the time of death. The typical Special connection Between life partners, it is sufficient if, for example, for health reasons it was no longer possible to live together in the same space.

Care legacy as "compensation" for caring for close relatives

The inheritance law reform provides for the possibility of legal care inheritance for close relatives before, the ones that now Deceased in the last three years before his death well-groomed have. What is essential in this case is that they were not allowed to receive any financial support or remuneration for the care and that the Care activities The extent of at least six months and more than 20 hours per month (on average) includes hat. The Height des Care legacy is measured by Nature, duration and scope of the care services and also takes into account Savings in the sense of otherwise incurred expenses (e.g., by an employed caregiver). The care inheritance is paid in addition to the mandatory portion - there is therefore no credit applied to the mandatory portion.

Relative and absolute yield value

As in the case law, the Inheritance Amendment Act 2015 distinguishes between "relative"And absolute Purity of spirit" differences. The hereditary nature can always be overcome by the person who transmits it ("Apologies"This is also possible through an inheritor who is no longer capable of testing). For the absolute unworthiness There need not even be an entry into the grave by the deceased - a simple signature suffices (as has been the case so far). deliberately committed criminally punishable act, who is threatened with more than one year in prison and who in memory of the deceased or against the abandonment This includes attacks on the deceased’s last will before or after their death.

The relative worthiness - provided that there is no final testament - then it takes effect when the now deceased No chance had more, that person to be banned, For example, because he was no longer testable or because he was not aware of the usefulness of the experiment. Relative unworthiness is punishable by intentional conduct, subject to judicial criminal acts against next of kin of the deceased before as well as when adding severe emotional suffering in a reprehensible manner and in the Serious injury from family responsibilities compared to the deceased.

Stricter form requirements for the "last will"

The inheritance law reform brings no new forms the final disposition with oneself, for example by video or electronically written. To Abuse and forgery to prevent, the Requirements to the "own hand"And to "foreign influence" Will worsened. At foreclosed wills the testator must now make a will three present simultaneously Witnesses sign the document and sign it with the Add a handwritten note, that this document is his Last Will contains. This is intended to prevent, insofar as possible, an existing Blank manuscript in the absence of this one Additional information No longer available Forgery of wills is suitable.

Similarly, there are higher requirements for the testament witnesses - whose Name and date of birth have to come from the Certificate They must also indicate in writing their status as (testamentary) witnesses. On the other hand, it is still not necessary to know the content of the testament. After all, the amendment also brought the rules regarding the Prejudice from Testament witnesses expanded. Until now, it was only the heirs or legatees themselves and their immediate relatives, spouses, parents, children, etc. incapable of testifying. Extended were the Rules of Engagement now also, for example, on legal representatives, bodies with authority to represent, shareholders and employees of the persons or legally capable companies ultimately designated as heirs or successors.