The European Network of Registers of Wills Association
Finding a will in Austria
Legal professionals, some questions/answers to assist you
When the existence of a will has been established, who has to be contacted to obtain information about its content?
Information on the content of a will is provided by the judicial commissioner, i.e. the notary tasked with opening the will by the court settling the succession.
Foreign courts can use mutual legal assistance to obtain a copy of the will.
Who is entitled to receive the information?
The information contained in the will, and a copy of the will itself, can be sent to public authorities and any persons with a legitimate interest, which will be assessed by the judicial commissioner in light of the circumstances.
Is there a particular procedure to be followed? If so, which one?
For the information contained in the will, or a copy of the will itself, to be communicated, the will must have been opened in accordance with Austrian law and the competent judicial commissioner will answer requests by entitled persons (e.g. heirs, legatees, competent authorities from other Member States).
By what means can the information be sent?
The information contained in the will is sent by post or electronically, while a certified copy of the will can only be sent by post.
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