Posts tagged #estate
All PostsOGH Clarifies Statute of Limitations for Legal Expenses Insurance Claims
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) provided clarification regarding the commencement of the limitation period applicable to claims for coverage or information against a legal expenses insurer. The...
Marriage After Testator’s Death Does Not Bar Inheritance
Civil LawIn case 2 Ob 71/25t, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined if a marriage that took place after the testator’s death influences who is named as an heir under inheritance law. The case at hand concerned an inherita...
Court Commission Fees: In Austria, Which Heir Pays?
Civil LawIn the case at hand, the defendant—being the sole heir—requested that the court fees, commission fees, and expert witness expenses be allocated proportionally to his sister’s claim. The court of first instance denied the request for expert fees, dete...
Inheritance Acceptance Declarations: No Separate Appeals
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently held that decisions on the validity of inheritance acceptance declarations in probate proceedings are procedural and cannot be appealed separately. No property assigned u...
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, ...
OGH: Is an Inheritance of an Estate under Probate Valid?
Civil LawIn the case of succession in possession, the old and the new owner agree that the property of the acquirer will be transferred to another person, the successor in possession, when a condition is fulfilled, or that there is at least an obligation to t...
OGH on probate proceedings and the registration of claims in the inheritance by creditors
The provisions of Sec. 143 et seq. of the Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG) govern the probate proceedings. Followed by preliminary proceedings, a death certificate is issued. At this time the widower applied for the author...
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