Inheritance Law

Very few people like to think about death. It is nevertheless useful and reassuring to know to have made provisions in the best interest of one’s family and relatives.

We advise and assist in the preserving family estates, matters of succession, help in the creation of the last will and advise heirs, legatees and compulsory beneficiaries. We not only represent in inheritance proceedings, but also preventively see to a standard process and effective enforcement of your last will.

JM Solicitors is there to help you with a timely and comprehensive pension plan.

Inheritance cases with cross-border implications in particular confront the potential testator and his or her dependents with many questions and challenges: Where will it be dealt with? If in Austria, what will be dealt with? Is the will that was set up abroad effective? Which law applies to the hereditary succession? Where can a compulsory portion be claimed?

From 17 August 2015 on, the EU inheritance law is to be applied to inheritance cases with cross-border implications. From this point on, both international jurisdiction as well as applicable law will be generally tied to the last habitual residence of the deceased where legal succession due to death is concerned. This can be prevented by making use of the limited choice-of-law options. If it is decided that it should be based on the habitual residence, it is recommended to incorporate a comprehensive preamble in the establishment of a testamentary disposition, from which the habitual residence can be deduced beyond reasonable doubt. Already established testamentary dispositions should be reviewed and adjusted to the new legislation. JM Solicitors will gladly assist you in this.