Court Rules Niki Lauda’s Widow Entitled To Share Of His Alleged EUR 200 Million Fortune

The widow of Formula 1 ace Nike Lauda has won a court battle for a substantial chunk of his alleged EUR 200 million fortune after managers of the assets that were placed in a foundation tried to claim the former flight attendant was “unworthy” to get more than a monthly allowance.

The claim was made despite the fact Birgit Lauda had remained married to him since 2008, gave birth to their twins in 2009, and also gave him one of her kidneys after one that was given by his brother later failed.

She launched a legal claim because under Austrian law, a wife and children have to be included in the provision of the will, and Lauda had apparently forgotten to change his will after their marriage to match the law.

A court in Austria has now ruled in favour of Birgit after foundation managers tried to claim that Spanish law applied since Lauda had made Spain’s Balearic Island of Ibiza his second home after he first visited in 1976.

Vienna Regional Court in Austria confirmed this week that they supported her claims through an interim judgement on Tuesday, 30th May.

The 44-year-old widow had sued her late husband and former Mercedes shareholder’s foundation – established in 1997 – for EUR 30 million (GBP 26 million) in two separate proceedings.

Using a foundation to manage the assets of wealthy people is often used in Austria in order to avoid inheritance tax so that the foundation owns the assets rather than the individual family members.

It is also often used as a way of avoiding the controversial law which gives a spouse and children are guaranteed minimum share of any inheritance.

In the lawsuit Birgit – who gave birth to Lauda’s twins, Mia and Max, in 2009 – argued that the three-time Formula One World Driver’s Champion had not changed his will after 2007, thus leaving her and the twins disadvantaged.

Prior to the proceedings, the foundation had promised to pay her a monthly sum of EUR 20,000 (GBP 18,000), saying she was unworthy of more.

The Vienna court debunked the foundation’s arguments, but did not disclose the amount of the share that the widow will be handed over, however, Austrian law indicates that any spouse and children not included in a person’s will are entitled to a compulsory share of the assets, equal to one-sixth – which would be EUR 33 million (GBP 28.5 million) in Birgit’s case.

Her lawyer Christoph Kerres said: “We are happy for our client about this success.”

Kerres declined to give further statements until the verdict is final.

Both parties have four weeks to appeal.

Lauda is the only driver in Formula One history to have been champion for both Ferrari and McLaren.

He famously suffered severe burns to his head and hands and inhaled hot toxic gases that damaged his lungs and blood in a crash in 1976.

He was also an aviation entrepreneur who founded and ran three airlines.

Lauda died in Switzerland aged 70 following a period of ill health.

He has two sons – Lukas, 44, and Mathias, 42 – from his first marriage to Marlene Knaus, 67.