Posts tagged #probate proceedings
All PostsPartial acceptance of inheritance and provisional renunciation of inheritance
Civil LawThe Austrian Supreme Court (OGH) decides on Legal Succession of Intestate Decedents. No substantiated basis for disqualification from inheritance In the present case, the testator passed away in 2023 intestate, survived by two daughters (the first an...
Austrian OGH: Only Estate-Related Parts of Probate Halted by Insolvency
Civil LawIn the case at hand, upon the passing of the testator in 2023, probate proceedings commenced. The son and daughter contested the appointment of an estate administrator, challenged the approval of the insolvency application, and objected to the denial...
OGH: On the Delivery of Documents to the Court
Procedural LawGovernment authorities may only be called upon to provide documents to the court if a party is unable to obtain immediate document delivery and states and proves this fact in their application. However, an order for performance may not be issued. In ...
OGH: On status as a party in probate proceedings
Third parties, such as contractual partners of the decedent, creditors or legatees, are in principle not parties in probate proceedings and therefore not entitled to lodge appeals. If the rights of third parties are infringed by a court decision, the...
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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