Testament Registry
Definition
The testament registry is a central electronic directory in which notaries and lawyers report the establishment and safekeeping of testamentary dispositions. The aim is to ensure access to testaments and inheritance contracts after a person’s death.
A testament registry electronically records reported testamentary dispositions and makes them findable after death.
Testament Registry
Anyone who makes a will ensures that it is found and observed in the event of death. This is precisely why the Chamber of Lawyers maintains the Austrian Central Testament Registry (ÖZTR) and the Chamber of Notaries maintains the Central Testament Registry (ZTR). These registers ensure that testamentary dispositions, inheritance contracts or other dispositions mortis causa are reliably applied in the inheritance proceedings.
Registrable Documents
Not only testaments are recorded. Inheritance contracts, legacies, waivers of inheritance and even agreements in connection with residential property can also be registered, provided they refer to the event of death. The crucial factor is that these documents are either drawn up or kept in custody by a notary or a lawyer.
Types of Registers
In Austria, there are two testament registries:
Austrian Central Testament Registry of Lawyers (ÖZTR):
- Lawyers draw up or keep testaments and inheritance contracts and register them in the register.
Central Testament Registry of the Austrian Chamber of Notaries (ZTR):
- Notaries draw up or keep documents and register them with the register.
- They also register holographic wills as soon as they take them into custody.
Both registers are connected to the Central Civil Status Register (ZPR). If a person dies, an automatic comparison is made so that testamentary dispositions can be found in the inheritance proceedings.
Scope of Storage
Not the content, but only the following information is registered:
- Type of document (e.g. testament, inheritance contract)
- Place and date of creation
- Name of the document author (testator)
- Place of safekeeping (notary’s office, law firm, etc.)
- Date of deposit or registration
This ensures that privacy is protected. The register does not store any content, but only metadata for finding it in the event of death.
Authorized to Register
The registration is carried out exclusively by notaries or lawyers. A private individual cannot make an entry themselves. It is therefore advisable not just to keep a will at home, but to place it in professional custody and have it registered.
Important: Registration does not replace any formal requirements and is not a prerequisite for validity. It serves exclusively to ensure that it can be found in the event of death.
Reasons for Registering a Testament
A testament that cannot be found is considered non-existent. Without registration, it can happen that:
- a later, unwanted legal succession occurs,
- an earlier last will is mistakenly applied,
- entitled parties are mistakenly overlooked,
- or disputes arise between relatives.
Registration in the testament registry ensures that the last will is found, observed and implemented.
Peter HarlanderHarlander & Partner Rechtsanwälte „Ein gültiges Testament nützt nichts, wenn es niemand findet.“
Duties of the Court Commissioner in the Event of Death
Court commissioners in Austria are obliged to automatically check whether a testament is registered in the event of every death.
Purpose of the Obligation to Inquire
If a person dies and inheritance proceedings are initiated, the appointed notary is obliged to search two special databases:
- The testament registry of the Austrian Chamber of Notaries (ZTR)
- The testament registry of the Austrian Lawyers
The aim is to use this query to find out whether a testamentary disposition (e.g. testament or inheritance contract) has been registered and where it is located.
Significance of the Obligation
The notary as court commissioner only determines the true last will of the deceased person if he systematically queries the registers. If this query is not carried out, there is a risk that the legal succession will be applied incorrectly because a valid testament remains undiscovered.
The obligation to inquire ensures that:
- no testamentary disposition is overlooked,
- the procedure is carried out properly,
- and inheritance disputes are avoided.
Documentation Obligation of the Notary
The notary is obliged to document the result of the register query. He records whether a testament exists or not, thereby ensuring legal certainty and traceability throughout the entire inheritance proceedings.
International Findability
A query can also be made in certain European testament registries via the Central Testament Registry of the Chamber of Notaries (ÖZTR). The prerequisite is that there is a corresponding cross-border network. This makes it easier to process estates in international inheritance cases.
Advantages of Registration
Registration brings numerous advantages:
- Certainty that the last will is also applied
- Avoidance of inheritance disputes through clear documentation
- Protection against loss or intentional withholding
- Confidentiality, as the content is not publicly accessible
Your Benefits with Legal Assistance
A lawyer not only helps with the legally secure creation of your testament, but also with registration in the appropriate register. He also ensures that you comply with all formal requirements, correctly take into account compulsory portions and that no grounds for challenge arise.
Sebastian RiedlmairHarlander & Partner Attorneys „Die Registrierung allein schützt nicht vor Formfehlern. Nur mit anwaltlicher Hilfe entsteht ein wirksames und vollstreckbares Testament.“
Do not rely on chance. Have your testament professionally drawn up and registered. We will advise you comprehensively on the optimal design and ensure that your last will remains legally effective and safely findable.
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