Posts tagged #testator
All PostsAustrian OGH: Lost Wills Remain Valid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently explained that, according to Section 722 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a last will and testament is still va...
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...
Formal Mistake Can Void a Will
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a will drafted by a notary in accordance with the testator’s directives and executed before witnesses is regarded as a private will. As such, it must meet only the form...
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 ...
OGH on Last Wills from Testators Who Are ‘Unable to Read’
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which the special form of a last will and testament as described in Section 580(2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ...
OGH: "Inheritability" of claims for damages
Civil LawThe Austrian Supreme Court (Oberster gerichtshof, OGH) decided in the present case that the legal status of an heir only entitles him to assert those disadvantages to which the testator was also entitled in connection with a tortfeasor. In the case a...
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