Writing your own will in Austria: Which formal errors make it invalid?
Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · Under Austrian law, a holographic will (eigenhändiges Testament) is valid only if you write the entire text yourself by hand and sign it personally with your name (§ 578 ABGB). A will written on a computer requires your own signature, a handwritten addition stating that it is your last will, and three witnesses present at the same time (§ 579 ABGB). If any of these is missing, the will is formally invalid (formungültig).
Key facts
- In Austria, a holographic will is valid only if the entire text is handwritten and personally signed with the testator's name (§ 578 ABGB).
- A will written on a computer requires the testator's own signature, a handwritten addition that it is their last will, and three witnesses present at the same time (§ 579 ABGB).
- Since 1 August 2026, a will can no longer be made before a court in Austria (BGBl I 62/2026); public wills are now made before a notary.
- A later valid will revokes an earlier one entirely in case of doubt (§ 713 ABGB).
- A joint will is only possible for spouses and registered partners (§ 586 para 2 ABGB); Austrian law does not recognise digital wills.
The three forms of will at a glance
| Form | Requirements |
|---|---|
| Holographic (eigenhändig, § 578 ABGB) | Entire text handwritten, personal signature with name |
| Not written by hand (fremdhändig, § 579 ABGB) | Personal signature, handwritten addition ("This is my last will"), three witnesses present at the same time, identity of the witnesses evident from the document |
| Notarial (notariell, § 583 ABGB) | Before two notaries or one notary and two witnesses |
Place and date are not mandatory but strongly recommended: if there are several wills, the date decides which one applies. Since 1 August 2026, a will can no longer be made before a court (BGBl I 62/2026). Public wills have since been made before a notary.
The most common formal errors
With a holographic will: the text is written on a computer and merely signed. Or part of it is in someone else's handwriting, such as a sentence added by a child. A signature consisting only of "Mum" or initials is also risky.
With a will not written by hand, many fail because of the witnesses:
- The witnesses sign one after another instead of at the same time.
- Their identity (name, date of birth or address) is not evident from the document.
- The witnesses' addition ("as witness to the will") is missing.
- A witness is a beneficiary or closely related to a beneficiary – they are then disqualified (befangen).
- The signatures are on a loose sheet with no internal connection to the text.
The courts are strict here. A formally invalid will has no effect; the statutory order of succession (gesetzliche Erbfolge) then applies.
Safe custody, registration, revocation
A will kept in a drawer can get lost or disappear. It is safer to deposit it with a lawyer or notary and have it entered in the Register of Wills of the Austrian Lawyers (Testamentsregister der österreichischen Rechtsanwälte) or the Central Register of Wills of the Notaries (Zentrales Testamentsregister). Only the fact that a will exists and where it is kept is registered, not its content. In probate proceedings (Verlassenschaftsverfahren), the court commissioner (Gerichtskommissär) searches the registers.
You can revoke a will at any time: by a new will or by destroying the document. A later valid will revokes an earlier one entirely in case of doubt (§ 713 ABGB).
A joint will is only possible for spouses and registered partners (§ 586 para 2 ABGB). Unmarried partners each need their own will.
Frequently asked questions
Is it enough to write a will on the PC and sign it?
No. Without three witnesses and the handwritten addition it is invalid.
Can I make my will by video or email?
No. The law does not recognise a digital will.
Do the witnesses need to know the content?
No. They only confirm that it is your last will (§ 579 para 2 ABGB).
Do you want to rule out formal errors? We draw up your will at a fixed price – the first consultation is free of charge, in German, English, Bulgarian, Turkish, Russian or Ukrainian.
Book a first consultationoffice@advokat-wien.at+43 1 34 601 71Read more
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This article gives a general overview of Austrian law and does not replace advice on your individual case.