If a will has been effectively revoked, it does not become valid again simply by the testator re-signing their last will. This has been decided by the Higher Regional Court of Munich.
With a will, the testator can determine who should inherit, deviating from the statutory succession. Circumstances may arise that make the testator reconsider their decision. Then revocation of the will is possible, explains the commercial law firm MTR Rechtsanwälte.
If the testator changes their mind again and wishes to return to the provisions of the effectively revoked will, this cannot be achieved by re-signing with a date. Rather, the will must be effectively recreated, as a resolution by the Higher Regional Court of Munich on January 26, 2022 shows (Case No.: 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. Again, a few months later, she wanted to return to the notarial will of 2017. She signed a certified copy of the will with a date and believed that the provisions made were valid again.
However, she was mistaken. As the Higher Regional Court of Munich found, the original properly established will could not be reinstated by signing the certified copy. By signing, neither a valid will was created nor was the handwritten will from 2018 revoked. The notarial will from 2017 did not come back into effect through the new signature, the Higher Regional Court of Munich clarified.
A formally proper will would have been necessary for this, either in the form of a completely handwritten and signed or a declaration made before a notary. Since neither a new notarial will was created nor was an originally handwritten will signed again, the provisions of the will from 2018 are decisive for the succession.
The decision shows that strict formal requirements must be observed when creating or revoking a valid will. Lawyers experienced in inheritance law can provide advice.
