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Dr . Christoph Beer Notary , Vienna

An Overview of the Implementation of the European Succession Regulation and the Related Potential Problems in Austria. Dr . Christoph Beer Notary , Vienna. Substantial Succession Law. General Information Intestate succession – testate succession

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Dr . Christoph Beer Notary , Vienna

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  1. An Overview of the Implementation of the European Succession Regulation and the Related Potential Problems in Austria Dr. Christoph Beer Notary, Vienna

  2. Substantial Succession Law • General Information • Intestate succession – testate succession • Reserved share: a half of the succession in total • Heir – universal succession • Legatee –singular succession • Civil-law legacy – no vindication legacy Dr. Christoph Beer, notārs

  3. Substantial Succession Law 2. Dispositions of Property • Types of Wills • Central Register of Wills • Agreements under succession law: • Agreement as to succession • Gift agreements becoming effective in the event of the donor's death • Voluntary waiver of (reserved share) the succession • Purchase of the entirety of the succession Dr. Christoph Beer, notārs

  4. Procedure of Succession Surviving relatives Intestate Shares of Succession Spouse and Children Spouse Children 1/3 2/3 Non-married spouse Children Non-married spouse and children 0 All Spouse Parents/siblings Spouse and parents/siblings 2/3 1/3 Non-married spouse and parents/siblings Non-married spouse Parents/siblings 0 All

  5. Reserved Shares of Succession Surviving relatives Reserved Shares Intestate Shares Spouse and Children Spouse Children 1/3 1/6 2/3 1/3 Non-married spouse and children Non-married spouse Children 0 0 1/2 All Spouse and parents/siblings Spouse Siblings 1/3 2/3 1/3 0 Non-married spouse and parents/siblings Non-married spouse Parents/siblings 0 0 All 1/2

  6. Succession Procedure • Conditional and unconditional acceptance of succession • Universal Succession with Court decisions on the transfer of title of the succession (Einantwortungsbeschluss) • Succession before its final transfer to heirs (ruhender Nachlass / hereditas iacens) • Registration of proprietary rights in the Land Register • Inheritance tax, tax on the purchase of immovable property Dr. Christoph Beer, notārs

  7. Notary as the Court Commissioner • Notary as the Court Commissioner • Authorized person's responsibilities in the succession process Dr. Christoph Beer, notārs

  8. International Private Law • Law governing private individuals (entirety of family and succession law) • Austrian Jurisdiction Dr. Christoph Beer, notārs

  9. Changes Introduced by the EU Succession Regulation • Choice of the Applicable Law in Wills "I am currently a citizen of Austria, and in accordance with Article 22 of the EU Succession Regulation all matters related to my succession shall be reviewed applying Austrian succession law regardless of my habitual residence country at the time of my death." Dr. Christoph Beer, notārs

  10. Changes Introduced by the EU Succession Regulation • Choice of the Applicable Law in Wills • Article 83, Paragraph 4 – choice of fictitious law • Choice of law for foreign clients? • www.successions-europe.eu • www.coupleseurope.eu • Emigration to the United Kingdom Dr. Christoph Beer, notārs

  11. Changes Introduced by the EU Succession Regulation • In accordance with Article 27 of the Succession Regulation • the Hague Convention on Succession Law (05/10/1961) • Article 83, Paragraph 3 of the Regulation • Favor Wills 2. Validity of Wills Dr. Christoph Beer, notārs

  12. Changes Introduced by the EU Succession Regulation • International Private Law, Austrian Jurisdiction • Habitual Residence • Mandatory jurisdiction regarding immovable property located in Austria renounced • Special procedure (transfer proceedings) related to a foreign person's property located in Austria (Ausfolgungsverfahren) renounced Dr. Christoph Beer, notārs

  13. Changes Introduced by the EU Succession Regulation 4. Registration of Immovable Property • Article 69, Paragraph 5: The European Certificate of Succession is a valid document for registering the inherited property in official registers • Article 1, Paragraph 2, Item k): Exception – numerus clausus of rights in rem • Article 1, Paragraph 2, Item l): Exception – registration of title to immovable property • Recitals 18and 19 Dr. Christoph Beer, notārs

  14. Changes Introduced by the EU Succession Regulation • The Moment of Execution of the European Certificate of Succession • Certificates for Managing Succession • Certificates for Heirs • Certificates for legatees Dr. Christoph Beer, notārs

  15. Changes Introduced by the EU Succession Regulation 6. Who Issues the European Certificate of Succession? • Courts • Article 64, Item b) • Notary as the Court Commissioner Dr. Christoph Beer, notārs

  16. Thank you! Dr. Christoph Beer Hardtgasse 17, 1190 Wien www.notar.beer.at office@notar-beer.at Dr. Christoph Beer, notārs

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