Estate Planning · Austria
Estate planning lawyer in Austria: put your wishes on a firm legal footing
Estate planning in Austria brings succession law, matrimonial property rules and land-register practice together in one file. Tell us what you own and who should benefit, and we match you with a specialised Austrian lawyer — free of charge.
- Wills, compulsory portions and lifetime gifts
- Property, business succession and cross-border estates
- Free case review, average first response 24–48 hours
Free and non-binding. Your description is shared only with the lawyer we match you with.
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Your situation
Estate planning in Austria is more than drafting a will
Planning what happens to your assets is not only a question of drafting a will. In Austria, succession law, matrimonial property rules, land-register practice and tax consequences work together, and a document that is perfectly valid abroad may have no effect here. Whether you own a flat in Vienna, a family business in Styria or assets in several countries, an estate planning lawyer in Austria can map your situation, explain the compulsory portions that protect your spouse and children, and structure gifts, transfers and instructions so that your wishes are clear and workable. Tell us about your family, your property and your goals. We compare your case with the practices of specialised Austrian lawyers and match you with one who handles estate planning, free of charge and without obligation.
Austria in practice
How estate planning works under Austrian law
Estate planning in Austria sits at the meeting point of the General Civil Code (ABGB), the land-register rules and the tax framework that has applied since 2008. The points below summarise how the system works in practice, so that you can describe your own situation precisely when you speak to a lawyer.
Wills, testamentary freedom and the Pflichtteil
Austrian succession law limits testamentary freedom through the Pflichtteil: descendants and the surviving spouse or registered partner are entitled to half of their statutory share of the estate regardless of what a will provides. Since the 2017 inheritance-law reform, parents are no longer entitled to a compulsory portion. The Pflichtteil is generally a monetary claim against the estate and can, in certain cases, be deferred by court order for up to five or even ten years.
No inheritance or gift tax since 2008
Austria abolished inheritance tax and gift tax with effect from 1 August 2008, after the Constitutional Court struck down the core provisions of the Inheritance and Gift Tax Act. Inheritances and gifts are therefore no longer taxed at federal level. Transfers of real property, however, still trigger the real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee, and larger lifetime gifts may be subject to a reporting obligation.
Property passes only on Land Register entry
Ownership of real property in Austria is acquired only by entry (Einverleibung) in the Land Register (Grundbuch), not merely by signing a contract and paying the price. The sale contract is in principle form-free and does not require a notarial deed, but the written declaration of conveyance (Aufsandungserklärung) must bear notarised or court-certified signatures, and the priority of recorded rights follows the moment the application reaches the land-registry court.
Separation of property as the default regime
Austrian law applies separation of property as the statutory default matrimonial regime: each spouse keeps and administers the assets owned before the marriage and those acquired during it. There is no automatic community of acquests, although spouses may agree on a community of property or another regime. Only jointly acquired assets are shared, which matters greatly in cross-border estates and asset tracing.
Who may practise, and when a lawyer is required
Practising as a lawyer (Rechtsanwalt) requires entry in the list of lawyers kept by a regional Bar association (Rechtsanwaltskammer), so Bar membership is compulsory, professional liability insurance is mandatory and the title is protected by law. Representation by a lawyer is compulsory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000; smaller matters may be handled in person.
Fees, court costs and legal aid
Court fees under the Court Fees Act (GGG) are generally payable when a claim is filed and are calculated as a staggered percentage of the value in dispute; the losing party normally bears them and must reimburse the winning party’s costs. Lawyers’ fees follow the Lawyers’ Tariff Act (RATG) unless a departing written agreement is made. Legal aid (Verfahrenshilfe) may be granted where paying would impair necessary maintenance and the case is not frivolous.
All country-specific information on this page is taken from official Austrian and European sources (RIS, the Federal Ministry of Justice, the Federal Ministry of Finance, oesterreich.gv.at, the Austrian Bar association and the e-Justice portal), checked in 2025.
- e-Justice: National justice systems – Austria
- Österreichischer Rechtsanwaltskammertag (ÖRAK): structures and facts
- Rechtsanwaltsordnung (RAO) – Austrian Legal Information System (RIS)
- Zivilprozessordnung, section 27 – compulsory representation
- oesterreich.gv.at: marriage and matrimonial property regime
- Federal Ministry of Justice: the compulsory portion (Pflichtteil)
- Federal Ministry of Finance: abolition of inheritance and gift tax
- oesterreich.gv.at: property purchase and the Land Register
- oesterreich.gv.at: organisation of the courts
- Austrian judiciary: legal aid (Verfahrenshilfe)
- ABGB sections 1478 ff. – limitation periods (RIS)
Why clients ask for help
Where Austrian estates most often go wrong
Most problems we see are not caused by bad intentions, but by documents and assets that do not fit the Austrian rules.
A will that does not deliver what you intended
Testamentary freedom in Austria is limited: descendants and the surviving spouse retain a compulsory portion. A will drafted abroad can therefore give your family noticeably less than you expected, and the shortfall only becomes visible after the funeral.
Property that never actually changes hands
Ownership of real property passes only on entry in the Land Register — not on signing the contract or paying the price. The written declaration of conveyance must carry notarised or court-certified signatures, and the priority of your right depends on when the application reaches the land-registry court.
Cross-border assets and separated property
Austrian law applies separation of property by default, so each spouse keeps what they own. When flats, accounts or company shares sit in several countries, families frequently misjudge what actually forms part of the estate and what has to be traced separately.
How we help
Matching built around your estate, not a generic list
You describe the file once. We use it to identify Austrian lawyers whose practice actually covers what you need.
Specialists, not generalists
We look for Austrian lawyers whose work centres on wills, compulsory portions, lifetime gifts, business succession and probate, so your question reaches someone who deals with these files regularly rather than occasionally.
Cross-border experience
Estates touching Austria and another country raise questions about applicable law, foreign documents and property registers. We look for lawyers used to files with an international element and to clients who do not live in Austria.
Clear information before you commit
You tell us the facts once, we set out which areas of Austrian estate planning your situation touches, and we put you in touch with a lawyer who can take it further. The introduction costs nothing and commits you to nothing.
Discreet and precise
Your description goes only to the lawyer we match you with, and only as far as needed to assess the matter. Names, dates and the country where each asset is registered help the lawyer give you a genuinely useful first view.
Cross-border estates
Families we help across Europe
Estate planning rarely stops at one border. If your family, property or business touches more than one country, we can look for a lawyer who handles cross-border files alongside the Austrian rules.
Questions and answers
Estate planning in Austria: frequently asked questions
How do I find an estate planning lawyer in Austria?
Tell us what you own, where it is located and who should benefit. We review your description and match you with an estate planning lawyer in Austria whose practice covers wills, compulsory portions, property transfers or cross-border estates. The comparison is free of charge and does not commit you to instructing anyone.
Does Austria still charge inheritance or gift tax?
No. Austria abolished inheritance tax and gift tax with effect from 1 August 2008, after the Constitutional Court struck down the core provisions of the Inheritance and Gift Tax Act. Inheritances and gifts are therefore no longer taxed at federal level, although real-property transfers still trigger real-property transfer tax and a land-register entry fee, and larger lifetime gifts may have to be reported.
What is the Pflichtteil and who is entitled to it?
The Pflichtteil is the compulsory portion of Austrian succession law. Descendants and the surviving spouse or registered partner are entitled to half of their statutory share of the estate regardless of what the will says, while parents have no such entitlement since the 2017 reform. It is generally a monetary claim against the estate and can in certain cases be deferred by court order.
Who is allowed to practise as a lawyer in Austria?
Only a Rechtsanwalt entered in the list of lawyers of a regional Bar association (Rechtsanwaltskammer) may practise; Bar membership is compulsory, liability insurance is mandatory and the title is protected by law. The path requires an Austrian law degree, five years of practical training including court and law-firm stages, 42 half-days of training and the bar examination.
Do I need a lawyer to deal with an estate in Austria?
Probate, family and tenancy matters are heard by the district courts, while representation by a lawyer is compulsory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. In smaller matters you may appear in person, but disputes over property, compulsory portions or foreign assets are usually handled by a lawyer.
What does matching cost, and how quickly will I hear back?
Nothing — matching is free and you are not obliged to instruct the lawyer we suggest. Average first response is 24–48 hours. If your case involves Austrian courts, German is the language of the proceedings, so tell us which languages you work in and we will take that into account.
Next step
Speak to an estate planning lawyer in Austria
Describe your family, your property and what you want to achieve. We will match you with a specialised Austrian lawyer who handles estate planning files like yours — free of charge, confidential and without any obligation to proceed.