Inheritance law // Nursing home law // Living will // Health care proxy

For Creators of Wills and Codicils

What are the formal requirements for drawing up a will or codicil?
Does it make sense to register my last will and testament in the register of wills kept by Austrian lawyers?
Does my spouse have inheritance rights, even if we have already separated? And what about my new partner?
What are the advantages and disadvantages of dividing my assets among my next of kin during my lifetime?

My spouse has died. Do I now have to move out of our marital home? And what happens to all the household effects?
Do I have to pay inheritance tax or gift tax as a descendant?
What do I do if I have been passed over as an heir? Who will file an inheritance law suit or an inheritance lawsuit for me?
How do I assert my claim to a compulsory portion? Who will represent me if I bring an action for a compulsory portion?

I want to die with dignity and refuse to be kept on life support for years. How do I formulate a living will that pursues this goal?
My descendants should not run the risk of falling out over my assets. How can I plan my estate succession in advance?
If the worst comes to the worst, I would like to be represented by someone I trust. Who will draw up an appropriate power of attorney for me?

I would like to act as my parents' elected adult representative. What action do I need to take?
It seems that relatives are taking advantage of a relative with dementia. How can I take action against this?
I am looking for a professional and independent adult representative (formerly: guardian) for a loved one, who will take care of my contact with the authorities and social insurance providers, has experience in asset management and is not impressed by personal attacks from other relatives.

Who checks my care home contract before I sign it?
As a resident, do I still have to pay the home fees even if I am on vacation or in hospital?
Under what conditions are measures that restrict freedom, such as cribs, permissible?

We advise and support you in planning your estate succession and work with you to draw up your last will and testament: So that your possessions are divided fairly and unpleasant inheritance disputes do not arise in the first place.
Sometimes it can make sense to set up a foundation, for example if large assets are to be pooled across generations. At the same time, the disadvantages of lengthy probate proceedings can be largely avoided. Let us advise you on the details.
Our partner Dorian Schmelz is co-author of the "representation and accommodation manual", a practical guide to issues relating to care law, adult representation, residential care and accommodation, nursing home contract law and have both theoretical knowledge and practical experience in these areas.