Heir’s Bankruptcy Doesn’t Change Will
Vienna. A case from a distinguished family occupied the Supreme Court (OGH). The head of the family – according to the OGH, an “above-average, value-conservative person with a particularly far-reaching sense of family tradition” – passed away in 2007. While the other children had been provided for during his lifetime, the will now stipulated that the eldest son was to inherit the castle and estate. He submitted a declaration of inheritance.

However, bankruptcy proceedings were initiated against the son. To ensure that the family inheritance would not be lost, the widow of the deceased now stepped in. She also submitted a declaration of inheritance and referred to a will from 1956. The new will, which favored the son, was subject to a mistaken motive, the wife claimed. Had the deceased known about his son’s bankruptcy, he would have transferred the assets directly to his grandchildren.

Supreme Court: No Mistake of Motive.

Two courts declared the new will invalid due to the deceased’s sense of family. The Supreme Court (6 Ob 168/13v) disagreed: If a deceased person had a “family in the traditional sense – consisting of a spouse and legitimate children – then the motive ‘preservation of assets within the family’ has no independent significance.” This is because every will in favor of relatives has the preservation of assets within the family as its motive. The new will was drafted without error and was valid.

According to the Supreme Court, the mistaken motive of “preservation of assets within the family” could only be invoked in entirely different will disputes: when children from previous marriages are involved, but the deceased demonstrably wanted to keep the assets within the new family. (aich)

Source: “Die Presse”