Inheritance Dispute: Grandson Sues Estate for Missing Birthday Gift, Loses in Supreme Court

A grandson's unusual legal claim against his deceased grandmother's estate has reached the Supreme Court, centered on a disputed birthday gift. The grandson argued that his grandmother's estate owed him 600 euros, asserting that she had failed to provide him with customary birthday or Christmas money in recent years.

However, the grandson's claim was complicated by a prior agreement. Before her death, the grandmother had executed a will naming her daughter as sole heir. While the grandson received properties and a savings account, he had also signed a notarized deed waiving his right to claim a compulsory portion of the inheritance and his statutory inheritance rights concerning his grandmother.

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The grandmother had not given him money for Christmas or his birthday recently.

The lower courts, including the District Court of Oberwart and the Regional Court of Eisenstadt, initially ruled against the grandson. They determined that the estate lacked sufficient assets for a formal probate process. The court granted the daughter the right to manage approximately 520 euros in "deposit money" held by a nursing home operator.

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In former times, Grandma used to give me money for my birthday.

Undeterred, the grandson sought to reopen the proceedings, requesting an account inquiry and reiterating his demand for the 600 euros. He also presented an alternative claim, suggesting he be compensated 600 euros for a right-of-way property he believed was due to him as a legatee.

Ultimately, the Supreme Court (OGH) upheld the lower courts' decisions, ruling that the grandson's prior waiver of his compulsory portion and statutory inheritance rights rendered him ineligible to file such claims. The court's decision affirmed the validity of the grandmother's estate planning and the grandson's earlier legal commitments.

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The grandson had waived his compulsory portion and statutory inheritance rights.