Lawsuit over compulsory portion

Scurrilous inheritance dispute: Niki Lauda privately indebted?

Birgit Lauda with her husband Niki Lauda, who died in 2019. An inheritance dispute is now raging.(Bild: Krone KREATIV/Anja Richter, www.picturedesk.com/Arroyo)

The first trial on the amount of the compulsory portion of the inheritance for Niki Lauda's widow Birgit began in Vienna on Tuesday. The court is to determine exactly how much this is from the estate and foundation assets. During the hearing, which is attended by the "Krone", it quickly becomes clear that every means possible is being used to delay the payment to the 45-year-old.

Stacked up with huge black briefcases and heavy books, five lawyers take their seats on the defendant's side in the small Room 7 of the Vienna Regional Court for Civil Matters on Tuesday. They are representing Mathias and Lukas Lauda, the Lauda Private Foundation and its subsidiary.

Sitting opposite the five gentlemen is Christoph Kerres, Birgit Lauda's lawyer. In front of him is a thin green folder and a notebook. It's all about the nitty gritty. Or rather, millions.

The Formula 1 star's widow was vindicated by the Supreme Court in a five-year legal dispute in the summer of 2024 - the 45-year-old is entitled to a compulsory portion and, in particular, is not unworthy of inheritance.

Foundation with claim in probate proceedings
The next round has now begun. The court is to determine the exact amount of the compulsory portion from the estate and foundation assets. Two proceedings are underway: one against the Lauda Private Foundation, where "Niki Nazionale" stashed the majority of his assets. And one against his estate - which was the subject of Tuesday's hearing.

The assets at the time of death are used to determine the right to a compulsory portion. Only debts that weighed on the assets before death are to be taken into account.

Rechtsanwalt Christoph Kerres vertritt die Witwe.

It quickly becomes clear that every possible means is being used to delay and boycott the payment of the compulsory portion to Birgit Lauda. The daughter of the foundation registered high financial claims in the probate proceedings, apparently relating to the use of a yacht. According to this, Niki was privately indebted, especially as he owed the foundation a sum in the tens of millions.

The compulsory portion

The law gives descendants and spouses the opportunity to receive something from the assets of the estate in any case, even if the deceased designated someone else in their will during their lifetime. The right to a compulsory portion is always half of the statutory inheritance share.

"The assets at the time of death are used to determine the right to a compulsory portion. Only debts that were encumbered by the assets before death are taken into account," says Kerres. - "The claims already existed at the time of death," the opponents retort.

The judge must now decide whether to recognize Lauda's alleged over-indebtedness. Strange, especially as his foundation allegedly holds a three-digit million sum.

Twins have received their compulsory portion
However, there was an agreement in the dispute: at least the twins Max and Mia (15) have now received their compulsory portion.