Beyond death

Seen philosophically it is a part of the high quality of human existence that this existence can understand itself beyond its temporal boundaries. From a legal perspective this addresses another of our specialist areas: inheritance law. It is necessary for people who have assets in property – which is the most imperishable thing there is, regardless of its form – to think beyond death, as houses and pieces of land usually outlive the people who own them. Those who make a long term commitment by acquiring real estate do not usually only have individual egoistic interests in mind.

On the one hand the lawgiver establishes certain boundaries which restrict free rule over one’s own property after death: as blood is known to be thicker than water, family should not be allowed to be pretermitted from the entirety. In this context it is the duty of the legal advisor on the one hand to make the legal restrictions known and on the other to reach the greatest possible free disposition within its potential scope (beyond the boundaries of legal inheritance law and legitime claims): One of the lawyer’s main duties is not only to establish the technicalities, but to make endowment on death, testaments with inheritance appointments and legacies with individual bequests enforceable with regard to content.

On the other hand we are also responsible for the representation of probate proceedings, especially (but not exclusively!) in instances when only the theoretical possibility of clashing interests exists under the various claims beneficiaries, for example when the heir’s representation spots rights which were not used and nevertheless have claims. Beyond the authority of coercion allotted to lawyers by the lawgiver in composition proceedings (the narrow boundaries of which are surprisingly unknown, even to the educated population) a large domain of the varied possibilities for the lawyer’s activities is opened up.

In the long history of our company, we have learnt to think for our clients beyond the narrow boundaries of generations.





DDr. FÜRST

Rechtsanwalts-GmbH

Wiener Straße 9
A-2340 MÖDLING

Tel.: +43/2236/22139-0
Fax.: +43/2236/22139-36

kanzlei@fuerst-recht.at www.fuerst-recht.at