Is it possible to bestow one's house to one's dog? What protection do I have against ill-meaning relatives to fight my last will and testament?
Donate or will - which is more attractive from a taxation point of view? From which amount on is it recommendable to set up a donation agreement?
Which authorities would get involved during the transfer of a farm?
Inheritance, donation and transfer are among the daily routines of a notary. That's for a good reason:
The notary is by legal definition a specialist for these subjects matter - he/she carries out all these inheritance transactions on behalf of the court.
He/she is the specialist if you want to make sure that there will be no dispute later.
That's because it is not just a question of your family, but also of inheritance law, civil law and tax law - often also about social security law.
Your notary public can do a lot more than set up your last will and testament.
Based on his/her well-founded education and his/her experience he/she can also find the ideal solution for you and thus help you save costs and taxes.
Speaking of taxes, your notary knows all the procedures with authorities. He/she will file all the necessary applications with the tax office and -at your request- double-check the tax demands.
Last will and testament - your notary knows what can be done and what can't
You should not wait with your "last will" until the last moment. You should turn to a notary you trust.
Only that way you can be sure that your last will and testament really represents your will - and that it does not get twisted around due to some lack of attention or a formal error.
Your notary can help you answer many questions:
You can count on the discretion of your notary in all these matters:
- How do I set up or amend a last will?
- How can I save inheritance tax through a will?
- What is the mandatory inheritance part - and is it possible to waive it in advance as an heir?
- What security should my spouse or partner have?
- How are mandatory inheritance parts and inheritance claims regulated for legitimate and illegitimate children?
- Can I make provisions that are irrevocable?
- When is a will valid?
- Can I "disinherit" someone?
- What conditions can I impose on my heirs?
- What can be willed - and who can be nominated as an heir?
By law the notary public is obligated to maintain strictest secrecy in all matters.
Each last will and testament, which is deposited with the notary, must be registered by
him/her with the Austrian Central Will Register. That way it is guaranteed that the last will and testament will be known in the event of death.
Of course, only the data of the last will and testament are listed, but not its contents.
Donations: your notary protects you from surprises
Whoever wants to donate something (or who receives something) does not always think about how useful the help of an experienced jurist can be.
In many cases the establishment of a donation agreement is highly recommended - and in some cases it is even mandated by law.
The benefit of using a notary public goes way beyond the formal requirement and it lies in a competent consultation,
regardless if it is about questions of taxation or law - or general advice based on years of experience by the notary.
Transfer: your notary has advice for all details
As opposed to a donation, during a transfer a value is agreed in return - for example, the continued care for the grantor or a right of abode or something similar.
Here, the playing field is so large that the advice of a specialist is particularly valuable. Your notary can bring you a wealth of specialized knowledge and
experience during all considerations regarding the timing of the transfer, the set-up of the value in return and the provisions for retirement-
and tax-law aspects - and thus help you save money and avoid disputes.