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Inheritance law & estate planning

Estate planning & last wills
Inheritance and compulsory portion rights
Living will & health care proxy
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Estate planning & last will

A clearly worded will is more than just a piece of paper – it is an act of responsibility, but also a sign of love. By making provisions in good time, you protect your relatives from conflicts and ensure that your life's work is passed on to the people or organisations you wish to benefit. If you do not draw up a will, the legal succession will apply, which may not correspond to the personal wishes of the testator.

We support you in conceptual estate planning, examine legal options and pay attention to formal requirements as well as tax aspects. We then draw up a tailor-made will, a bequest, an inheritance contract or even a joint will for spouses. You can sign this in a relaxed atmosphere at our offices, after which we will enter your last will and testament in the register of wills. Keeping your last will and testament in our office prevents unauthorised access by other persons to your true wishes.

Asset planning means creating clarity beyond death. It is in your power to prevent disputes between family members and to provide financial security for your loved ones – and to ensure that your assets end up where you want them to.

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Inheritance & compulsory portion rights

The death of a loved one triggers a wide range of emotions. In addition to grief, the bereaved often feel uncertainty and fear for the future: Who inherits what? What am I personally entitled to? And how can I effectively assert my claims?

Austrian compulsory inheritance law protects close relatives from being left completely empty-handed. We represent heirs, beneficiaries of compulsory portions and overlooked relatives in enforcing inheritance claims or compulsory portion claims, preferably in probate proceedings, but also in court if necessary. Conversely, we represent heirs in defending against unjustified claims by persons who assert stronger inheritance rights or compulsory portion claims.

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Living will & health care proxy

Life cannot be planned precisely – but to a certain extent, you have the opportunity to take control of your legal and financial destiny.
A living will and a lasting power of attorney enable you to determine in advance what will happen to you if you are no longer able to make decisions for yourself. We can advise you on drawing up a lasting power of attorney so that, in the event of your decision-making capacity being impaired, you will be represented not by an adult representative (formerly known as a ‘guardian’) whom you do not know, but by a person you trust. Within the framework of a living will, you have the opportunity, after medical and legal consultation, to determine which medical measures you wish to receive or expressly reject, in the event that you are no longer able to form or express your wishes.
Advance care planning means self-determination and the certainty that your wishes will be respected, even if you are no longer able to express them yourself.
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Reasons for Schmelz lawfirm

For most of us, dealing with the future decline of physical or mental abilities, and ultimately with our own death, is not necessarily a pleasant experience. We advise you empathetically, calmly and in a relaxed atmosphere. Thanks to our broad range of expertise, we can also adequately take into account aspects of family law, corporate law and property law.

Finally, a literature tip for anyone who would like to read up on the subject: the ‘Handbuch Vertretung und Unterbringung’ (Handbook on Representation and Accommodation), co-authored by our partner Dorian Schmelz, offers a comprehensive and understandable practical guide to questions relating to power of attorney, adult representation, residential care and accommodation.

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