21 years of relationship
After the death of her partner: legally just a stranger
After the sudden death of her partner (46) and father of her children, a woman from Linz is now struggling with the authorities—despite a 21-year relationship, she is not entitled to any claims. Due to problems with the birth certificate, Nadeem and Nikola were not allowed to go ahead with their long-planned wedding.
"I feel like a neighbor and not like someone who was Nadeem's partner for 21 years," says Nikola, a resident of Linz, angrily. Her long-term partner suddenly collapsed and died in the bathroom two weeks ago. Even the emergency services were unable to save the 46-year-old "Krone" delivery man, who was originally from Pakistan.
Flew to Pakistan especially
Since then, the mother of two has been struggling with bureaucracy. Because the two were not married, the 39-year-old has no legal recourse. "We've been to the registry office at least 30 times in the past eight years, but we've always been sent away. There were problems with Nadeem's birth certificate. Once they said it couldn't be more than six months old. Once they said stamps were missing, once the officials said the document was forged. Nadeem even went to the embassy in Vienna and flew to Pakistan especially – nothing helped," Nikola can only shake her head.
There is a will, but...
Further problems arose when it came to recognizing paternity: "We could have done a test, but on paper he still wouldn't have become the father of his children." The Linz resident also has no access to her partner's bank account. "There is a handwritten will that states that in the event of his death, everything should go to me and our children. However, it is in his language and must first be translated. In the meantime, the legal heirs are being sought," says the desperate mother.
Question of inheritance law
Notary Friedrich Jank from Bad Leonfelden explains the legal situation in Nikola's case: "If you are not married, you have no claims under Austrian inheritance law, unless there are no legal heirs and you can prove that you were living together. If the victim has a different nationality, the question is whether the inheritance law of the country of habitual residence or the law of the country of citizenship applies."
The tragic case of Nikola and Nadeem reminds us how quickly life can be over. Just a few days ago, the two were enjoying Carnival with their children, and now Nikola has lost her great love and must fight for her family's livelihood.
Bureaucracy made life difficult for the couple even when they were alive. They are said to have repeatedly approached the registry office, but were repeatedly rejected. If a solution had been sought there, the grieving partner would now have at least one less thing to worry about.
This article has been automatically translated,
read the original article here.
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