Inheritance dispute escalates: Simone Lugner faces eviction from the Döblinger villa!

Inheritance dispute escalates: Simone Lugner faces eviction from the Döblinger villa!

After the sudden death of Richard “Mörtel” Lugner, just shortly after his wedding to Simone Lugner, a bitter dispute developed between the forces of the original Lugner tribe and the newlyweds. 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 assets has announced that it will throw Simone out of the villa and is threatening eviction proceedings. This explosive situation raises questions regarding the legal provisions that apply to private foundations following the latest inheritance law reform.

Simone Lugner reacted immediately and submitted an application for the removal of the foundation board. As Puls24 reports, she makes it clear in her argument that the board did not fulfill “essential duties” and thus her rights were denied. The board of the Lugner and Söhne Private Foundation has spoken out for the first time and emphasized that it is their duty to implement the wishes of the founder, Richard Lugner. However, according to the board, Simone does not meet the conditions set out in the foundation's deeds, further complicating the situation. The dispute has now reached a temporary climax as Simone is supposed to move out of the villa by June 30th, an ultimatum that she seems to accept calmly. It will be interesting to see how she performs in the “Dancing Stars” competition.

Legal background

In the course of this inheritance war, the question arises about the legal framework. The reform of inheritance law, which came into force in 2015, has far-reaching consequences for the recognition of assets donated to private foundations. According to the Toplaw article, Section 781 ABGB regulates the addition of donations to a private foundation and their effects on the compulsory portion. It becomes clear that the foundation itself is not a person entitled to a compulsory share, which could be important in this conflict. Although the foundation's beneficiaries are still entitled to a compulsory share, they must have all donations counted against their compulsory share for an unlimited period of time. This could also play a big role for Simone Lugner as she tries to defend her claim to the villa.

The confusion could further weaken Simone's position, as most of the reform's provisions are aimed at clearly regulating asset allocations and ensuring that a testator does not arbitrarily circumvent his estate dispositions. Simone's influence on the foundation's bodies and the distribution decisions appear to be the key to her legal situation.

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