How can I protect my spouse or partner?
It is possible to protect one's spouse or partner by granting them rights during one's lifetime. By making a will, one can provide for potential heirs to only receive the reserved share, which allows the testator to determine the extent of the property that the spouse or partner will inherit. In the absence of a will, the spouse's entitlement to inherit is laid down by law. The extent of the spouse's entitlement to inherit depends on the existence of other relatives of the deceased (cf. § 757 ABGB). In any case, the spouse has the right to continue living in the matrimonial home. Furthermore, he/she has the right to use the furniture in such home (legal preference legacy in accordance with the provisions of § 758 ABGB). Life partners do not benefit from any legal protection. In the absence of a will, they are not entitled to inherit.
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Österreichische Notariatskammer
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A -1010 Wien , Österreich
Tel.: +43 - 1 - 402 45 09
Fax: +43 - 1 - 406 34 75
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