Validity of a Will after Subsequent Destruction: Effects of Tearing in a Safe Deposit Box
The continued validity of a will can be affected by various circumstances. In notarial and private succession planning, it is not uncommon for wills to be amended, revoked, or even destroyed at different times. The question of when a will is considered revoked is regularly addressed by the courts – most recently by the Higher Regional Court of Frankfurt am Main in the decision dated 25.04.2024 (Case No. 21 W 26/25).
Key Question: Validity of a Torn Will Despite Custody
The subject of the court decision was a will handwritten by the testator and kept in a safe deposit box. After her death, the document was found in the safe deposit box – but torn into several pieces by the testator herself.
The central question was whether such a destroyed will retains its validity, especially given that it was – despite destruction – still stored in the safe deposit box.
Legal Framework and Statutory Foundations
Forms and Revocation Possibilities of a Privately Written Will
The German Civil Code (BGB) provides various ways in which a will can be created and revoked. Besides creating a new will, revocation by destruction or deliberate rendering unusable is expressly possible (§ 2255 BGB).
Destruction within the meaning of § 2255 BGB is any act aimed at physically destroying the will or altering it in such a way that it can no longer serve as the declaration of the last will. The decisive factor is the testator’s intention not to uphold the previously made arrangement.
Importance of Storage – Is the Location Decisive?
The specific place where a will is kept – at home, in a safe deposit box, or with an official custodian – does not fundamentally affect its substantive validity. The decisive factor is the testator’s intention. Therefore, a will that continues to be formally “stored” after its destruction can be invalid if the destruction clearly reflects the intent to revoke.
Decision of the OLG Frankfurt am Main: Main Statements and Legal Evaluation
The OLG Frankfurt clarified that the deliberate physical destruction of a handwritten will regularly constitutes revocation under § 2255 BGB. The court emphasized that continued storage in the safe deposit box is irrelevant to assessing invalidity, provided the act of destruction expresses the testator’s will.
Even if the will was not completely destroyed but only torn or rendered unusable, partial destruction can suffice – provided the intent to destroy is evident and leaves no doubt about the revocation intention.
Clarifications Regarding Proof of the Revocation Intention
For the estate and those with a legitimate interest in determining succession, clarifying the revocation intention is of crucial importance. Probate courts do not infer actual revocation merely from a formal act but examine objective circumstances to determine whether there was a serious intention to invalidate the will.
Conflicts can especially arise when multiple versions of a will exist or when third parties were involved in the destruction. In the event of disputes among potential heirs, court proceedings are typically required to clarify the legal situation definitively.
Effects on Estate Administration and Significance for Heirs
The subsequent destruction of a will can have significant repercussions on the distribution of the estate, particularly if multiple individuals claim rights or earlier wills regain relevance. In the present case, the torn will, despite being stored, was no longer decisive, so statutory inheritance or an older testamentary disposition may apply.
Case law stresses the importance of making clear and unequivocal estate arrangements and carefully documenting any changes or revocations to avoid later disputes and uncertainties.
Practical Relevance and Legal Risks
Errors, ambiguities, or contradictory actions related to will revocation or destruction pose a considerable potential for conflict among heir communities and potential estate beneficiaries. Especially for wealthy private individuals, companies, and investors, compliance with legal standards in estate planning is essential to ensure orderly succession and prevent disputes.
Especially in complex family or corporate legal situations, thorough legal advice is often recommended and – if necessary – regular review of existing succession plans. This also applies to companies whose corporate assets are to be regulated by will.
Conclusion
The decision of the Higher Regional Court of Frankfurt am Main shows that a will document stored in a safe deposit box, but torn up by the testator, has lost its validity. The central requirement for nullity is the provable intention of revocation by the testator at the time of destruction. Storage in a safe deposit box does not change this.
In case of ongoing uncertainties regarding will revocation or estate settlement, it may be advisable to seek professional support. The lawyers at MTR Legal are available for all questions concerning inheritance law, succession planning, and business succession. Early legal clarification can help avoid lengthy court disputes and create clear legal conditions.
