!!!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
H. Koziol and R. Welser, Grundriss des buergerlichen 
Rechts, vol. 2, %%sup 9/%1991.


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