Testament#

Testament, last will and testament, form of declaration of a person´s wishes as to the disposal of their property after death; the main legal source is the General Austrian Civil Code of Law (ABGB, art. 552ff.). A will is valid if the following conditions are fulfilled: testamentary capacity (a specific form of contractual capacity, acquired by any person of sound mind aged 18 or older), intention to draw up a will, absence of defective intention, practicability and lawfulness of the testament´s contents, observance of the legally defined forms of testament. Austrian Law distinguishes between "private" and notarial ("public") testament. Private testament: holographic (i.e. written and signed by the testator) or allographic will (i.e. written on behalf of the testator by a third person, bearing the signature of the testator and three witnesses), nuncupative testament (i.e. by word of mouth) in front of 3 witnesses; privileged wills such as sailor´s wills or wills made in extremis during times of epidemics ("Seuchen-Testament"). Notarial testament: by word of mouth or by transfer of a testamentary instrument before court or a notary public. Minors aged 14 or older may also make a will orally before court or notary public. A special form is the joint testament, which may only be established by married couples, or engaged couples subject to the condition that they contract marriage: 2 testators institute each other or third parties as heirs. The construction of all forms of testaments is governed by the principle of "favor testamenti", i.e. if there are doubts over a disputed will, it must be construed in a way as to remain valid.

Literature#