Your inheritance matters require careful handling. With PRIME LAW Attorneys at Law, you can settle your estate in the best possible way, and you will also learn about the lucrative opportunities to transfer assets during your lifetime.
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Examine the practical opportunities for gifts in your individual situation with PRIME LAW Rechtsanwälte. You will gain important insight into the different types of provisions in testamentary dispositions (e.g. in wills) and the associated consequences.
Formulate and draw up formally valid wills and at the same time ensure that your will is recorded in the Central Register of Wills with PRIME LAW Rechtsanwälte. PRIME LAW Rechtsanwälte will keep the original so that your will is safely stored in case the worst comes to the worst. In this way, you can definitively prevent any manipulation by third parties.
PRIME LAW attorneys will also provide you with sophisticated representation as an heir or beneficiary of a compulsory portion in probate proceedings, including contentious ones. This provides you with comprehensive support and efficient legal assistance in a wide range of legal steps. This enables you to make well-considered decisions, such as whether you should make a conditional or unconditional declaration of inheritance.
However, PRIME LAW attorneys will also point out and implement other options for action in probate proceedings, such as the assertion of unworthiness to inherit, the inclusion of claims in the inventory, the subsequent opening of accounts, or the agreement of a so-called inheritance distribution agreement and much more.
Answers to frequently asked questions
As an heir, do I have the opportunity to check the deceased's previous account transactions?
As an heir, you have the same rights and obligations as the deceased. The deceased was allowed to inspect past transactions on their own account; this right is transferred to the heir. In the event of inconsistencies in the estate assets, we recommend making use of this right to clarify asset disposals.
I am burdened by the probate proceedings of a family member. Do I have to be present in person at the notary appointments?
No. You can be represented by a lawyer of your choice. This means you don't have to go to the notary or court in person and your interests are protected professionally.
We are happy to support you in probate and inheritance proceedings and in making the right and appropriate decisions for you.
Should I leave my property in my will or make a gift on death?
A will can be revoked at any time. A deed of gift on death, on the other hand, is a binding written contract that can no longer be revoked. It is signed during a person's lifetime and only fulfilled after the death of the donor. The donor therefore remains the owner of the property until their death.
Should I give my apartment to my child now?
This is supported by the fact that there is currently no gift tax in Austria.
When making a gift, you can have a right of residence entered in the land register for yourself and thus continue to have the right to live in the gifted apartment.
You can prevent your child from selling or encumbering the apartment during your lifetime with a prohibition on encumbrance and sale.
You must bear in mind that the gift may lead to inheritance claims by your other children or your spouse.
What is the difference between a conditional and an unconditional declaration of acceptance of inheritance? Should I make an unconditional declaration of acceptance of inheritance?
The submission of an unconditional declaration of acceptance of inheritance means that the heir is also fully liable for all of the deceased's debts. You should therefore only make an unconditional declaration of acceptance of inheritance if you have precise knowledge of the deceased's financial circumstances, for example because you had precise knowledge of all debts as the deceased's adult representative.
What rights do I have as a beneficiary of a compulsory portion?
- As a person entitled to a compulsory portion, you can demand that the deceased's assets be valued and included in an "inventory".
- You may attend the valuation yourself or be represented there.
- They can request that previously unknown assets of the deceased be included in the inventory.
- You can request that gifts made by the deceased to others be taken into account, which may lead to an increase in your compulsory portion.
- You can fight a faulty will.
- We are happy to professionally enforce your claims in probate proceedings.
How do I ensure that my will is found after my death and does not disappear?
It is possible to register wills in the register of wills. In probate proceedings, a query is always made as to whether there is a registered will. This prevents unwelcome wills from "disappearing".
We will gladly take over the preparation, registration and safekeeping of your will.