Inheritance escalated: Simone Lugner before evacuation from the Döblinger Villa!

Inheritance escalated: Simone Lugner before evacuation from the Döblinger Villa!

Döbling, Österreich - After the sudden death of Richard "Mörtel" Lugner, only shortly after his wedding with Simone Lugner, a bitter argument between the forces of the Ur-Lugner stem and the freshly believed has developed. At the center of the conflict is the magnificent Lugner villa in Döbling, which has now become the stage of a legal tug of war. The foundation that manages Lugner's fortune has announced that it will throw Simone out of the villa and threatens to make an eviction lawsuit. These explosive situation raise questions regarding the legal provisions that apply to private foundations after the latest inheritance reform.

Simone Lugner reacted immediately and submitted an application to deduct the foundation board. As Puls24, she clarified in her argument that the board of directors "essential obligations" did not fulfill and were therefore denied its rights. The Board of Directors of the Lugner and Sons Private Foundation has spoken out for the first time and emphasizes that it was his duty to implement the will of the founder, Richard Lugner. According to the board, however, Simone does not meet the conditions defined in the foundation certificates, which further complicates the situation. The dispute has now reached a preliminary climax, since Simone is supposed to move out of the villa by June 30, an ultimatum that seems to be accepted. It will be interesting to see how she will do in the "Dancing Stars" competition.

legal background

In the course of this inheritance war, the question arises of the legal framework. The reform of the inheritance law, which came into force in 2015, has far -reaching consequences for the crediting of assets that are devoted to private foundations. According to the TOPLAW, § 781 ABGB regulates the addition of gifts to a private foundation and its effects on the compulsory portion. It becomes clear that the foundation itself is not a person entitled to compulsory part, which could be important in this conflict. Founded beneficiaries are still entitled to compulsory portion, but all grants must have their compulsory portion off to an unlimited manner. This could also play a major role for Simone Lugner if she tries to defend her claim to the villa.

The confusion could also weaken the position of Simones, since most of the provisions of the reform aim to clearly regulate asset dedication and to ensure that a testator does not deal arbitrarily. The influence of Simone on the foundation organs and the distribution decisions seem to be the key to their legal situation.

How the conflict between the Lugners and Simone will develop is uncertain. However, the public interest in this family dramaturgy remains high, and many are looking forward to the next steps in this exciting inheritance dispute.