A formal defect can render it invalid.
Holographic wills must be written entirely by hand and signed. Wills written by others require three witnesses. Defects render the will invalid.
Focus area
Contesting a will
Defects of form and intent, lack of testamentary capacity, unworthiness and disinheritance. When a last will can be overturned.
Orientation
Can the will be challenged?
A will can be invalid for several reasons. Choose the point that matches your suspicion.
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01 Question 1
What, in your view, speaks against the will?
All paths at a glance
Overview of all answers.
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Check testamentary capacity.
If illness or mental state meant the person could no longer form a free will, the will can be challenged. Medical records and witnesses count here.
Check defects of intent.
A will brought about by threat, deception or coercion can be challenged. The evidence is decisive.
Compulsory portion despite the will.
Even a valid will cannot exclude your compulsory portion unless a statutory ground for disinheritance exists. Check your monetary claim.
Not every will is valid. Defects of form or intent, a lack of testamentary capacity or undue influence can render a last will wholly or partly ineffective. We assess the prospects of a challenge.
Whoever contests a will must prove the defects. Documents, witnesses and often medical records are therefore decisive. The earlier the evidence is secured, the better.
Defects of form
A holographic will must be written and signed entirely by hand. The non-holographic will, for example typed on a computer, has required since 2017 three simultaneously present witnesses and a handwritten addition by the testator. If a formal requirement is missing, the will is invalid.
- Holographic: written and signed entirely by hand
- Non-holographic: three simultaneously present witnesses, handwritten note
- Signature and date in the right place
Capacity and defects of intent
Whoever makes a will must have testamentary capacity, that is, be able to understand the meaning of their declaration. Dementia, serious illness or strong medication can exclude capacity. Mistake, threat or deceit also make a will contestable.
Unworthiness and disinheritance
Whoever attempted to kill the deceased or seriously harmed them can be unworthy and loses their right to inherit. Conversely, disinheritance must be ordered in valid form and based on a statutory ground, otherwise the compulsory portion revives.
This page gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
Frequently asked questions
What clients often ask.
I doubt the authenticity of a will, what now? +
Have the original secured. A handwriting report can verify the authenticity of the script. We arrange the necessary steps in the probate procedure and, if needed, prepare the challenge.
The deceased had dementia, is the will valid? +
Not necessarily. What matters is whether they had testamentary capacity at the time of execution. This is clarified through medical records, witnesses and experts. A diagnosis of dementia alone is not enough, but it is a weighty indication.
How long can I contest a will? +
As long as the probate procedure is running, objections can be raised within it; beyond that, the time limits of the inheritance action apply. Do not wait, because devolution creates facts on the ground.
What happens if the will falls? +
If the will is invalid, an earlier valid will applies, or if there is none, intestate succession. Who then inherits can shift completely.
Related topics
This may also be relevant to you.
Inheritance dispute
Conflict over the estate: competing declarations of acceptance, the inheritance action and enforcing your position in probate.
Compulsory portion
A minimum share for children and spouses, even after disinheritance. Quota, gift attribution, deferral and enforcement against the heirs.
Estate division and community of heirs
When several inherit together: administration, division agreement, division action and dealing with real estate in the estate.
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.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000