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Law of Inheritance // Asset Succession

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?

For Heirs, Persons entitled to a Statutory Share and Legatees

  • 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?

For Founders and Beneficiaries

  • When does the establishment of a private foundation pay off?
  • What costs are associated with the establishment of a private foundation and its ongoing operation?
  • How can I, as a founder, ensure the greatest possible influence on the private foundation?
  • How can I enforce my rights as a beneficiary?

Reasons for Schmelz lawfirm

  • 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.
  • If you have lost a relative, we will support you in the settlement of estates, the distribution of the inheritance or the enforcement of your rights as an heir or beneficiary of a compulsory portion.

Well-founded provisions to reach the final point.



Here you can find us


  •  Währinger Strasse 16 Top 14, 1090 Wien
  •  +43 1 946 11 60
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