“Crown” in court – Lauda heir: widow now faces a lengthy trial

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On Tuesday, the court discussed the mandatory portion for Birgit Lauda from the estate of the Formula 1 legend. The foundation’s claim that Niki Lauda had private debts is causing a stir. The next civil trial in the endless case will take place in Vienna in March.

This news hit hard: in the civil lawsuit about the mandatory portion for widow Birgit Lauda from Niki Lauda’s estate, it emerged on Tuesday that the Formula 1 legend had private debts. The private Lauda foundation had filed claims in the estate proceedings: Lauda owed the foundation millions of dollars – apparently for the use of a yacht – and was therefore in debt. Why no compulsory share can be paid out to the widow from the inheritance. She gets one-sixth of the assets.

Changes to inheritance law came into effect in 2017
The remarkable thing about the case is that the highest court ruled in the summer of 2024 that the 45-year-old was in principle entitled to the mandatory portion. The assessment must take into account the assets of the private foundation Niki set up to support his family. The foundation’s assets are said to be in the triple-digit million range.

This is based on the Inheritance Law Amendment Act, which came into effect in 2017. This states what the Supreme Court has previously ruled in numerous rulings. “Inheritance law should not be circumvented by setting up a private foundation. This means that the widow cannot be denied her mandatory portion,” says lawyer Christoph Kerres, who represents Birgit Lauda.

Her husband died more than five and a half years ago. So when does the mother of twins (15) come into her own?

Next hearing in March
The judge closed the procedure on the amount of the mandatory portion from the estate, at which the “Crown” was present on Tuesday, after a three-hour hearing and will make a written decision. It is also possible that he will forward the case to the next authority to clarify legal issues.

With regard to the mandatory share of the foundation’s assets, a separate procedure will begin in March at the Regional Civil Law Court in Vienna. So it will take a while…

Source: Krone

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