Inheritance dispute

Lawyer outraged by “preventive detention” for expert witness

Lawyer Nikolaus Rast is representing the expert.

(Bild: Klemens Groh)

After an inheritance dispute worth millions in Pasching, a well-known psychiatrist from Upper Austria was taken into custody. A Viennese celebrity lawyer is now defending him and is immediately bringing out the big guns against the public prosecutor's office in Wels.

The case involves up to 50 million euros and investigations into serious fraud against a lawyer and a notary. And it's about a well-known psychiatrist who even spent several days in custody. The Viennese celebrity lawyer Nikolaus Rast has now taken over his defense. "I am stunned by what happened," he says in an interview with the "Krone" newspaper.

He could not understand why his client was taken into custody in the first place. "It was actually a detention under duress. They obviously wanted some information from my client," Rast rails against the public prosecutor's office in Wels - only to add: "Fortunately, the WKStA then took over the case. Because they immediately took the man out of custody."

Only expert opinion issued
Why the 72-year-old psychiatrist was involved in the case at all is a mystery to Nikolaus Rast anyway. "He prepared an expert opinion and received a normal fee for it. Why would he do that as a favor? What would he gain from it?" asks the Viennese lawyer. The expert draws up around 150 reports a year. "Someone like that wouldn't put their entire successful career at risk just to do someone a favor."

"A family dispute over money is not a criminal offense "
For Rast, the whole matter is dubious. "There won't be much left in terms of criminal law. I'm sure there won't even be any charges. Basically, it's simple: a family is fighting over money, and that's not a criminal offense," he says.

Many millions of euros are at stake
And that's what it's all about: for seven years, there had been a family dispute in Pasching over an agricultural property that was fought with all legal and other means. In 2022, the owner suddenly signed the property over to her nephew.

In adult protection proceedings, a lawyer - who had temporarily stepped down from her position - presented two private expert opinions attesting to the woman's legal capacity. The contracts were therefore valid. However, another branch of the family objected to this. The WKStA is now investigating whether the story is a case of fraud or not.