Pitfalls in the will

Not an easy inheritance: widow must pay maintenance!

When there is something to inherit, it is rare for all surviving dependants to agree. It is therefore important to make provisions before the death of a wealthy person so that mourning is not disrupted by inheritance disputes.

(Bild: stock.adobe.com - Erwin Wodicka)

Prominent examples such as the Lauda widow Birgit's inheritance case have shown that Austrian inheritance law has its pitfalls. For example, it can happen that the last wife of a deceased person can also be asked to pay maintenance by her predecessors. Lawyers explain this.

Who can be removed from the will and why might you still have to pay maintenance as a widow? The two Carinthian lawyers Tanja Gewolf-Mulley and Felix Fuchs - both from Klagenfurt - know!

Question "Krone": I am the third wife. Will my predecessors also inherit if my husband dies?
Answer Tanja Gewolf-Mulley and Felix Fuchs: When they divorce, they lose their right to inherit, but not their right to maintenance, if there is one. This could pass to the heirs so that they would have to pay maintenance.

I only have one child. Do I even need to make a will?
In principle, an only child inherits everything. If the deceased leaves a partner, the statutory right of inheritance is 2/3 for the child and 1/3 for the spouse or registered partner. If the child is entered in the will as the sole heir, the compulsory portion remains for the partner, which corresponds to half of the statutory inheritance rights, i.e. 1/6 of the assets.

Every month, the "Krone" poses somewhat unusual questions to lawyers on current topics - and they answer them as part of a series together with the Carinthian Bar Association. This time it's about the hot topic of inheritance!

(Bild: Krone Kreativ)

What if I want to disinherit my useless son and leave everything to my girlfriend?
You have to write that down in your will! However, the compulsory portion for the son would remain - unless there is a legal reason for disinheritance. This would be, for example, criminal acts against the deceased, gross neglect of family obligations, infliction of serious emotional suffering or a sentence of 20 years or life imprisonment.

How do you say it in legalese?

Care legacy: This is awarded to relatives who have cared for the deceased for at least six months in the three years prior to death, free of charge and not just infrequently - at least 20 hours per month. The amount depends on the benefits. Carinthian Inheritance Farm Act: The aim is to ensure that agricultural and forestry businesses are not broken up by succession in the event of death without a last will and testament. Only one of the legal heirs - the anerbe - can take over the farm.

My friend was almost blind. Now his will is supposed to be invalid!
The validity depends on how severely his sight was impaired! If your friend was still able to read the will signed by a third party on his behalf with the help of glasses, a magnifying glass or similar and confirm it in the presence of three witnesses, it is valid. It can be difficult to establish sight in retrospect.

The will must also be signed by hand. It should be kept in a safe place - with a notary or lawyer, for example, who will enter it in the register of wills so that it can always be found immediately.

Rechtsanwältin Tanja Gewolf-Mulley

What does testamentary capacity mean?
Anyone who leaves a last will and testament must understand its meaning and consequences and act accordingly.

Are all children equally entitled to inherit, including adopted children?
Yes, because adoption creates the same rights between the adopted child and the adoptive parents. The legal right of inheritance of the adopted child also remains in place in relation to their biological parents