Real estate deal case

Pre-trial detention of psychiatric expert lifted

Pasching is home to an inheritance worth millions, which is now a case for the courts.(Bild: Horst Einöder/Flashpictures)

The psychiatric expert who allegedly defrauded wealthy clients with dementia of their properties together with a lawyer and a notary was released from custody in Wels on Thursday. However, the investigations into the real estate deals are continuing.

The application for the release of his client, the psychiatric expert, has been granted, confirmed his defense lawyer. The lawyer speaks of "completely unfounded accusations".

The file has since been transferred from the public prosecutor's office in Wels to the Public Prosecutor's Office for Economic Affairs and Corruption (WKStA). The release from custody does not mean that the expert is no longer being investigated, "nothing has changed in terms of the suspicion", the "Oberösterreichische Nachrichten" quoted a spokesperson for the WKStA.

Investigations against the trio
The lawyer, the notary and the psychiatrist are being investigated for serious fraud. The latter is also suspected of having offered an expert opinion as a favor in 2023 in connection with the intended execution of a will for a person with dementia.

The lawyer and the notary are suspected of having persuaded a woman with dementia to sign a transfer agreement, two gift agreements in the event of her death and a power of attorney in 2022. The prosecution assumes that the woman was not aware that she was transferring her entire agricultural property in Pasching, including her real estate assets, to her nephew when she signed the contract. In a previous legal dispute that lasted seven years, she had always emphasized that her nephew should not receive any property from her.

Two cases
According to the public prosecutor's office, the contracts were drawn up by the lawyer or her law firm and notarized by the notary, although the dementia of the person concerned was obvious. However, the lawyer had submitted two private reports from a psychiatrist in the adult protection proceedings, which attested to the pensioner's full legal and testamentary capacity. The public prosecutor's office assumes that these could have been expert opinions provided as a favor. Seven months later, the lawyer again submitted an expert opinion from the same expert, who suddenly came to the conclusion that the woman no longer had the capacity to act and make a will, which is why the power of attorney, which had been drawn up in favor of the lawyer herself, was no longer valid.

In another case, charges of serious fraud have already been brought against two managing directors of a real estate company, a real estate agent, two lawyers and a notary. They are said to have bought a property on Lake Traunsee from a woman who was no longer legally competent at the time of the sale at a price that was far too low. The owner is said to have been cheated out of at least 900,000 euros.