To prevent misunderstandings, a will should always be clearly formulated. Otherwise, it can happen that a last will cannot be implemented in the testator’s interest.
Inheritance law stipulates that without a will or inheritance contract, the statutory succession automatically applies. This may not be in the testator’s interest. To distribute the estate according to his wishes, the testator can create a will. He should ensure that the ‘last will’ is clearly recognizable as a will so that the last will can be implemented in his interest, explains the law firm MTR Legal Rechtsanwälte, which also advises its clients on inheritance law.
Without clear formulations, the court must interpret a last will. The Brandenburg Higher Regional Court came to the conclusion, with its decision on February 20, 2023, that a gift from the testator was meant as an inheritance, even though the document was not recognizable as a will (Ref.: 3 W 31/22).
The testator in the case was divorced and had only sporadic contact with his son. When he died, he left behind a house, about two-thirds of which belonged to him, and the rest to a good friend. 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 ‘gift’ 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 designated as an heir.
The friend contested this and succeeded at the Brandenburg Higher Regional Court. Even though the document was not labeled as a will or ‘last will’ and did not contain terms like inheritance or estate, the court was convinced that the testator intended for his share 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 about his last will. MTR Legal Rechtsanwälte advises on the creation of a will or inheritance contract.
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