Posts tagged #compulsory portion
All PostsAustrian OGH: Preliminary Ruling on Estate Asset Sales
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was asked to clarify whether Austrian courts have international jurisdiction under Article 10(2) of the European Succession Regulation when a beneficiary of a compulsory portion sues ...
Compulsory Shares: Returned Gifts not Deductible
Civil LawPursuant to Section 782 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), beneficiaries entitled to a compulsory inheritance portion are, as a rule, regarded as though the gifted property remained within the ...
Non-Delivery of Inventory Precludes Transfer of Ownership
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that failure of inventory delivery constitutes an impediment to the transfer of ownership. In her last will and testament, the testator designated her two daughters and...
Austrian OGH Affirms Indivisibility of Statutory Minimum Share
Civil LawIn cases where a minimum share related to residential property is to be allocated among more than two individuals, the probate court is required to offer both the minimum share and the corresponding residential property at a public auction. However, ...
Care Legacy: Austrian OGH Clarifies Meaning of ´Care`
Civil LawAccording to Section 677 (1) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a person close to a deceased individual, who has cared for the deceased to a not merely insignificant extent in the three years prior to ...
OGH: Ruling Request on EU Succession Regulation
Civil LawThe legal dispute about a claim to a care legacy is now before the European Court of Justice (ECJ). In the case at hand, the plaintiff is the former partner of the testator, who died in 2021 and had her habitual residence Austria until she passed awa...
OGH on the Applicability of the Inheritance Act
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the analogous applicability of the Austrian Inheritance Act (Anerbengesetz; hereinafter AnerbenG) in favour of persons who do not belong to the group of legal heirs. The ...
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