Last Will: ‘Cash’ Includes Account Balances

Jul 18, 2025 Benn-Ibler Rechtsanwälte

In a recent ruling, the Austrian Court (Oberster Gerichtshof, hereinafter OGH) addressed the interpretation of a testamentary provision in which the testator bequeathed ‘cash’ to specified banks. The primary issue under consideration was whether this term encompassed both account balances and savings accounts.

In the case at hand, the parties were involved in a disagreement regarding a provision in a will where the testator intended to leave ‘cash’ to two designated banks.

The lower courts sustained the claim, determining—after considering the actual intention of the deceased—that the word ‘cash’ encompassed the balances held in the designated accounts and savings books. 

The OGH affirmed these rulings.

Interpretation of testamentary dispositions under the Austrian 2015 Succession Law Amendment Act

Section 553 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) states that the testator’ intention at the time the will is made is determinative, provided it is at least implied in the wording (‘implied intention theory’). Words are generally construed in accordance with their ordinary meaning, unless there is clear evidence indicating that the testator intended a specific term to have an alternative interpretation.

The interpretation of testamentary dispositions is determined on a case-by-case basis. A significant legal question arises only when the appellate court disregards established interpretative principles in its analysis. In the present matter, no such violation occurred.

Account balance is ‘cash’

The lower courts correctly determined that the testator used the term ‘cash’ to include the balances held in his bank accounts. The testator’s personal usage of this term and his explicit intention to bequeath these particular assets to the plaintiff were determinative factors. In this instance, the wording selected by the will’s drafter, who was a lawyer, was not deemed pertinent.

OGH 2 Ob 73/25m (3 June 2025)