A lawyer, a notary and an expert are targeted by the Wels public prosecutor’s office. It concerns questionable real estate transactions in which people with dementia are the victims. Now searches and arrests took place.
It sounds like a very treacherous plan that those involved (they are presumed innocent) have devised. “The suspects are suspected of having enticed a demented person to sign a transfer agreement, two death donation agreements and a power of attorney in 2022, taking advantage of their poor mental state and inexperience,” the Public Prosecution Service said. Catfish said in a statement about the spectacular case.
Ownership transferred to cousin
The woman is said to have transferred an agricultural land in Pasching to her cousin, even though she had previously conducted a legal dispute against this cousin and the proposed transfer for seven years. The damage is reportedly up to five million euros.
Report prepared
The Public Prosecution Service suspects that this was made possible by the report of an expert who stated that the woman had legal capacity. The woman then signed the contracts with the lawyer and certified them by the notary.
“Seven months later, the lawyer in the adult protection proceedings submitted another private report from the same expert. In contrast to the two preliminary reports, this now testified to the lack of legal and testamentary capacity of those affected, stating that the precautionary event had occurred as a result of the power of attorney of those affected – which had been drawn up in favor of the lawyer himself” , according to the Wels public prosecutor’s office.
Two more cases
An investigation is now underway into the lawyer, the notary and the expert on suspicion of serious fraud. The latter has even been arrested because he is suspected of having drawn up reports on favors in two similar cases. In Gmunden he is said to have helped ensure that a former guest house on the eastern shore of Lake Traunsee was sold to a real estate company for a bargain price – 750,000 instead of the estimated 1.6 million euros. The purchase had to be reversed after a court ruling. Reports were recently filed against six people – including the lawyer in question and the notary.
“A decision will be made on Friday on whether or not to impose pre-trial detention,” the spokeswoman for the Wels public prosecutor’s office, Barbara Rumplmayr, told the “Krone”.
Source: Krone
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