Prepare to contest a will
Anyone who wants to contest a will first needs an orderly evidentiary basis. This checklist guides you through formal validity, testamentary capacity, defects of will, evidence and deadlines so that you can make an informed decision.
A will cannot be contested simply because the outcome feels unjust. Contesting comes into question above all where the will is formally invalid, the deceased lacked testamentary capacity or the will was influenced by pressure, threat, deception or mistake.
The evidentiary basis is decisive. Anyone considering a challenge should first gather what concerns form, testamentary capacity and the formation of intent. Whether a challenge will succeed can never be stated in a blanket way; it always depends on the specific circumstances and the available evidence.
This checklist is a guide from us as the team of BRANDAUER Rechtsanwälte. It does not replace an assessment of the individual case or legal advice. It helps you to organise the evidence and to prepare the right questions.
Work through the points calmly. You can tick off each point; the status is saved on your device. The buttons let you print or reset the list.
0 of 26 points done
01 Check formal validity
A formal error can render a will invalid. Examine the form carefully.
02 Document testamentary capacity
Anyone lacking testamentary capacity could not make a valid will. Here medical records matter.
03 Establish defects of will
If the will was influenced by pressure, threat, deception or mistake, the will may be contestable.
04 Secure evidence and witnesses
Evidence you secure today often cannot be obtained later.
05 Deadlines and legal assessment
A challenge is bound by deadlines and should not be made without a sound examination.
What matters legally
A will must be made in a formally valid way. The holographic will must be drawn up and signed entirely by hand. For the will written by another hand, increased formal requirements apply, in particular regarding witnesses and the handwritten addition of the testator (§§ 578 ff ABGB). A formal error can render the will invalid.
A further requirement is testamentary capacity at the time the will is made (§ 566 ABGB). Anyone who, because of a serious illness or a mental impairment, could not form their will freely may have lacked testamentary capacity. Here medical records and the description of the state at exactly the time the will was made are decisive.
If the will was influenced by pressure, threat, deception or mistake, a defect of will may be present (§§ 565, 870 ABGB). Whether a challenge succeeds always depends on the individual case and the evidentiary basis. A blanket statement about the prospects of success is not possible.
This checklist is a general guide to the Austrian legal position (as of June 2026) and makes no claim to completeness or legal certainty. It does not replace advice in the individual case and is not a finished legal document. Whether a challenge comes into question and has prospects of success depends on the individual case.
Matching tools and checklists
Will: contest risk
Assess roughly which indications could speak in favour of a challenge.
Inheritance dispute: deadlines and documents
Get an overview of the important deadlines and the documents you need after a death.
Inheritance dispute after a death
The checklist for the first weeks after a death when conflict over the estate looms.
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000