“Life partners are not entitled to inherit”

Before marriage, birth or the acquisition of assets: These points in time are generally considered important for drawing up a will. “But not all partners get married. A will is therefore also a suitable means of protecting a life partner”said the Wels notary substitute Verena Nothegger: Life partners are not treated equally with spouses or registered partners in inheritance law.

According to Rüdiger Kriegleder, notary in Linz, families should ask themselves the fundamental question of whether the legal inheritance (spouses and registered partners inherit one third, children inherit two thirds) is appropriate: “If not, it makes sense to draw up a will.”

A key issue is the law on compulsory portions: spouses and descendants are entitled to part of the estate even if there is a will. The compulsory portion amounts to half of what would be entitled under statutory inheritance law. The inheritance or the compulsory share can also be waived (a notarial act is necessary here), for example if donations have already been made in advance.

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Nothegger advises to be careful and to regulate exactly which cases this should apply to. If you fear that the testator has left behind debts, a conditional declaration of inheritance can be made. Then liability will be limited.

In order to avoid arguments, Marchtrenk notary Birgit Mohr advises getting advice, clarifying problems in advance and discussing the results within the family, for example if a life partner is involved in a construction project: Here, for example, there is the possibility of entering the partner in the land register or to grant a personal loan and to make arrangements in the event of a separation. If the building of the house is financed by the parents, it is a gift during one’s lifetime: this will be counted towards the inheritance. It is advisable to put this in writing.

If the sole account holder dies, this can lead to money worries for the surviving spouse because the account is blocked until the estate is settled. Using a car that is only registered to the deceased can also be a problem; there are no rules here: Kriegleder advises checking with your insurance company whether there is coverage in the event of damage.