Inheritance dispute in Austria Son left father alone for two weeks - court leaves him empty-handed with the inheritance
An Austrian man was disinherited because he left his father to his own devices during a vacation. In Switzerland, he would probably have kept his compulsory portion.
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- A father suffering from dementia in Austria disinherited his son after he left him unattended for two weeks and emotionally burdened him.
- The court dismissed the son's claim for his compulsory portion because, according to the ruling, he had caused the father "reprehensibly severe emotional suffering".
- In Switzerland, a complete disinheritance in a comparable case would hardly be legally enforceable, as compulsory portions may only be withdrawn in exceptional cases.
In Austria, a son was left empty-handed after the death of his father because he had left him unattended for two weeks. This was reported by the Austrian newspaper "Heute".
The man had taken his father, who suffered from dementia, into his home and cared for him. Although his father was still relatively well at the time, he was still dependent on help with taking his medication, housework and shopping. At the time, the son had assumed that his father would only live for another year or so.
However, he actually lived for another twelve years. During this time, his relationship with his son had deteriorated. There were arguments and accusations of aggression and sexual harassment against the father. The son is also alleged to have unlawfully withdrawn money from his father's account.
"Severe emotional suffering"
Finally, the son is said to have left his father alone in a second home for two weeks during a vacation - without care and without ensuring that he received his medication. The father then broke off contact, drew up a new will and disinherited his son in favor of a niece who later took over his care.
After the father's death, the son nevertheless demanded his compulsory portion. However, he was unsuccessful in court: according to the court, the son had "reprehensibly caused his father serious emotional suffering", which is why he could not claim the compulsory portion.
In Switzerland, complete disinheritance would hardly be possible in such a case. Although it is possible to decide on the division of the estate in a will or inheritance contract, the statutory compulsory portions must be observed. Only in exceptional cases - such as serious crimes against the testator - can heirs who are protected by a compulsory portion be completely excluded.
