Joint Will
Joint Will
A joint will enables spouses or registered partners to draw up their respective last wills in a single document. In it, they can appoint each other or jointly appoint third parties as heirs. Legally, it concerns two separate dispositions that are established jointly, with clear formal requirements and legal revocability.
With a joint will, married couples or registered partners record their last will together in one document, regardless of whether they consider each other or third parties. Both dispositions must be in a single document and comply with certain formal requirements.
Entitled Persons
According to § 586 Para. 2 ABGB, only the following persons may draw up a joint will:
- Spouses or fiancés under the condition of marriage
- Registered partners or persons promised in partnership
This form is not permitted for life partners without legal status.
Content
The participants can:
- Appoint each other as heirs (reciprocal will)
- Jointly appoint third parties (e.g. joint children)
- combine both
Legally, this is not a contract, but two separate testamentary dispositions in one document.
Select Your Preferred Appointment Now:Free initial consultationFormal Requirements
The general formal requirements apply. The following are possible:
- Holographic: Each person writes their own part by hand and signs it.
- Allographic: A third party (e.g. lawyer) writes the text. Both must sign it by hand and confirm in handwriting that it corresponds to their last will.
- Notarially (public): Establishment by a notary or in court
Important: Both dispositions must be written down in a joint document. Regardless of whether it is holographic, allographic or notarially established. The unity of the document is decisive, not the time of establishment.
Sebastian RiedlmairHarlander & Partner Attorneys „Eine gemeinschaftliche Verfügung wirkt nur dann, wie gewünscht, wenn sie rechtlich sauber errichtet ist. Sonst entsteht Streit, wo eigentlich Klarheit herrschen sollte.“
Revocability
A joint will can be revoked at any time and unilaterally as long as both are alive. Neither person is bound by the disposition. After the death of one partner, only the disposition of the deceased remains final.
Special Legal Presumptions:
Divorce or dissolution: If the marriage or registered partnership is dissolved, testamentary benefits in favor of the ex-partner are considered revoked. This applies even if only divorce proceedings have been initiated.
Revocation by one part: If a mutual appointment of heir is revoked, it is presumed that the other part also wanted to revoke their disposition.
Sensible Areas of Application for the Joint Will
The form of the joint will is particularly suitable for:
- Married couples with clear family circumstances
- Securing the surviving partner
- Joint regulation for children or other relatives
- Clear division of assets without great potential for conflict
Distinction from the Binding Effect of an Inheritance Contract
The joint will and the inheritance contract pursue different purposes and legal effects. An inheritance contract may only be established by spouses or registered partners and always requires a notarial act. It legally binds the parties and, after signing, can no longer be revoked as a matter of principle.
In contrast, the joint will offers significantly more flexibility. As long as both partners are alive, it can be changed or revoked unilaterally at any time.
Anyone who wants to make a permanently binding appointment of heir with clear specifications, for example to secure compulsory portions or to transfer business assets, should consider concluding an inheritance contract. In most cases, however, the joint disposition is sufficient to regulate the last will in a legally secure and clear manner.
Your Benefits with Legal Assistance
Our law firm ensures that your disposition meets the legal requirements, that later disputes are avoided and that everything is clearly regulated even in the event of divorce or compulsory portion. We review existing wills, create new ones and advise on the question of whether an inheritance contract is the better solution.
Sebastian RiedlmairHarlander & Partner Attorneys „Viele glauben, sie hätten mit einer gemeinsamen Urkunde alles geregelt. Doch Formfehler, fehlende Widerrufsklauseln oder unklare Formulierungen führen oft zu völlig unerwarteten Ergebnissen.“
