Can I write my own will in Austria?
Yes — you may write your own will, but the form is strict. A holographic will (§ 578 Civil Code) must be written and signed entirely in your own hand — then you need no witnesses. Date and place are advisable but not strictly required. A will written by someone else or typed requires 3 witnesses present at the same time, a handwritten note that it is your last will, and each witness's signature "as a will witness". Witnesses must be over 18 and may not be beneficiaries. Mind the compulsory share (Pflichtteil) of descendants and spouse/partner. In short: yes — handwritten with no witnesses, typed only with 3 witnesses.
📋 The rules
- Holographic: entirely handwritten + signature
- Holographic needs no witnesses
- Typed/third-party: 3 simultaneous witnesses
- Witnesses over 18, not beneficiaries
- Mind the compulsory share of children and partner
🔓 Exceptions
- Since 2017 parents no longer have a compulsory share
- The compulsory share can be halved after long estrangement
- A typed, merely signed will without witnesses is invalid
⚠️ Penalties & fines
There's no fine, but a formally defective will is void — then statutory succession applies, often against your actual wishes. The compulsory share of descendants and the spouse/registered partner is half of the statutory share and is a pure money claim. Registering it in the central will register (via notary/lawyer) costs a fee but prevents loss. Beware a myth: "I type my will on the computer and just sign it" is false — typed, it's a third-party will and invalid without 3 simultaneously present witnesses. Tip: write it entirely by hand, then you need no witnesses.
📎 Official sources
❓ Frequently asked
How do I write a valid will myself?
The simplest is a holographic will: you write the entire text in your own hand and sign it by hand. Then you need no witnesses. Date and place aren't strictly required but are advisable, to avoid disputes over the order of several wills.
Can I type the will on the computer?
Yes, but then it is a third-party will and stricter form rules apply. You need three witnesses present at the same time, a handwritten note that the document is your last will, and each witness's signature with the note as a will witness.
Who may not be a witness?
Witnesses must be over 18 and capable. People who benefit from the will, and their close relatives or employees, may not act as witnesses. Otherwise the witnessing, and with it the third-party will, is invalid.
What is the compulsory share?
Descendants such as children and grandchildren and the spouse or registered partner are entitled to a compulsory share. It is half of the statutory share and a pure money claim. Since the 2017 reform, parents no longer have a compulsory share.
What happens with a form error?
A formally defective will is void. Then statutory succession applies, which often doesn't match your wishes. Typed wills that are merely signed often fail on the missing witness form. When in doubt, a notary or lawyer helps.
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