To avoid misunderstandings, a will should always be clearly formulated. Otherwise, it can happen that a last will cannot be executed in accordance with the testator’s wishes.
Inheritance law provides that without a will or inheritance contract, the statutory order of succession automatically applies. This may not be in the testator’s interest. To distribute the estate according to his ideas, the testator can create a will. He should ensure that the “last will” is clearly recognized as a will, so that the last will can be executed in his interest, explains the business law firm MTR Legal Rechtsanwälte, which also advises its clients in inheritance law.
Without clear formulations, the court must interpret a last will. The Higher Regional Court of Brandenburg came to the conclusion in a decision on February 20, 2023, that a gift by the testator was meant as an appointment of heirs, even though the document was not recognized as a will (Ref.: 3 W 31/22).
The testator in this case was divorced and had only sporadic contact with his son. When he died, he left a house, about two-thirds of which belonged to him and the rest to a good friend of his. Both lived in their parts of the house. The testator left a handwritten document with a signature and date, in which he stipulated that in the event of his sudden death, he would “give” his share of the house to the co-owner of the property.
The probate court did not see the document as a will. Therefore, it rejected the inheritance certificate application of the testator’s friend, as he had not been effectively appointed as heir.
The friend objected to this decision and succeeded at the Higher Regional Court of Brandenburg. Even though the document was not labeled as a will or “last will” and did not contain any terms such as inheritance or estate, the court concluded that the testator wanted his part of the house to actually go to his friend after his death. Therefore, it interpreted the document as a will.
Through clear formulations, the testator can avoid misunderstandings regarding his last will. MTR Legal Rechtsanwälte advises in the creation of a will or inheritance contract.
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