If a will has been effectively revoked, it does not become valid again simply by the testator re-signing their last will. This was decided by the Higher Regional Court (OLG) Munich.
With a will, the testator can decide, deviating from the statutory order of succession, who should become the heir. Circumstances may occur that make the testator reconsider their decision. Then it is possible to revoke the will, explains the commercial law firm MTR Legal.
If the testator changes their mind again and wishes to revert to the provisions of the effectively revoked will, this cannot be achieved merely by re-signing with the date. Instead, the will must be effectively reestablished, as shown by a decision of the OLG Munich dated January 26, 2022 (Ref.: 31 Wx 441/21).
In the underlying case, a woman created a notarial will in 2017. A year later, she made a new handwritten will in which she effectively revoked the original will. Several months later, she wanted to revert to the notarial will from 2017. She signed a certified copy of the will with the date and believed that the provisions made were valid again.
However, she was mistaken. As the OLG Munich found, the certified copy’s signature could not reinstate the originally formally enacted will. Neither an effective will was made by the signature nor was the handwritten will from 2018 revoked. The notarial will from 2017 does not revive with the new signature, the OLG Munich clarified.
For this, a formally effective will would have been required, either in the form of a completely handwritten and signed or declared before a notary statement. Since neither a new notarial will was created nor an originally handwritten will was re-signed, the provisions from the will of 2018 are decisive for the succession.
The decision shows that strict formal requirements must be adhered to when creating or revoking an effective will. Lawyers experienced in inheritance law can provide advice.
