Only adults (18 years of age) have full testamentary capacity, Section 21 (2) ABGB. From the age of 14, you have limited testamentary capacity. From this age, a will can be made orally before a notary or court (Section 569 sentence 2 ABGB). The testator must also understand the meaning and consequences of their last will and testament and be able to act accordingly. The other requirements depend on the form of the will:
The handwritten will must have been handwritten and signed by the testator; the indication of place and date is not a requirement for validity (Section 578 ABGB). This is also the case under German law. However, any other lack of form leads to invalidity.
A will can also be „foreign-handed“ be effective under the further conditions of Section 579 ABGB. This includes wills drawn up by other persons as well as wills drawn up by machine. However, a will written by another person has strict requirements. According to Section 579 (1) ABGB, the testator must sign the will in their own hand and add a handwritten note stating that the document contains their last wishes. The signature must be made in the presence of three witnesses who are present at the same time. Furthermore, the identity of the witnesses must be clear from the document and they must sign themselves with a handwritten addition indicating their status as witnesses. Formal defects will result in invalidity.
Public wills can be established in court or before a notary by oral declaration or delivery of a deed, §§ 581-583 ABGB. This will not be discussed in detail. A lack of form here does not render a will invalid, but merely contestable according to the prevailing view in Austria. If you have any further questions, your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk, is at your disposal.