"Crown" in court

Lauda inheritance: when will your widow get her due?

An inheritance dispute is raging in court between Birgit Lauda and the Lauda Private Foundation.

(Bild: Krone KREATIV)

On Tuesday, the court dealt with the compulsory portion for Birgit Lauda from the estate of the Formula 1 legend. The foundation's claim that Niki Lauda was privately indebted is causing a stir. The next civil trial in the never-ending case is due to take place in Vienna in March.

This news hit home: In the civil proceedings concerning the compulsory portion for widow Birgit Lauda from the estate of Niki Lauda, it emerged on Tuesday that the Formula 1 legend is said to have been privately indebted. The Lauda Private Foundation had registered claims in the probate proceedings: Lauda allegedly owed the foundation millions - apparently for the use of a yacht - and was therefore in debt. For this reason, no compulsory portion could be paid to the widow from the estate. She receives one sixth of the assets.

Amendment to inheritance law came into force in 2017
The case is curious in that the Supreme Court already determined in summer 2024 that the 45-year-old was entitled to the compulsory portion on the merits. The assets of the private foundation that Niki set up to support his family are to be taken into account in the assessment. The foundation's assets are said to be in the three-digit million range.

The establishment of a private foundation may not circumvent inheritance law. This means that the widow may not be denied her compulsory portion.

Anwalt Christoph Kerres vertritt Birgit Lauda.

Bild: zVg

This is based on the Inheritance Law Amendment Act, which came into force in 2017. It sets out what the Supreme Court has already ruled in numerous previous decisions. "The establishment of a private foundation may not circumvent inheritance law. This also means that the widow may not be denied her compulsory portion," says lawyer Christoph Kerres, who represents Birgit Lauda.

Her husband died more than five and a half years ago. So when will the mother of twins (15) get her rights?

Next hearing in March
The judge closed the trial on the amount of the compulsory portion of the estate, which the "Krone" attended on Tuesday, after a three-hour hearing and will issue a written judgment. It is also possible that he will send the case to the next instance for clarification of legal issues.

With regard to the compulsory portion from the foundation's assets, separate proceedings will start in March at the Vienna Regional Court for Civil Matters. So it will still take some time ...