Official guidelines:
1. A handwritten will can be validly drawn up on several loose sheets of paper if the unity of the declaration of intent is evident from the entire document.
2. However, the necessary internal connection cannot be established solely by storing the document together with other documents (e.g., a copy of a notarial will).
Higher Regional Court of Hamm, Decision of 19 September 2012 – I-15 W 420/11
Background information:
According to Sections 2247 Paragraphs 1 and 3 of the German Civil Code (BGB), the testator’s signature is required for a handwritten will to be valid. Crucially, the signature must complete the text to which it refers. A mere “heading” is therefore insufficient.
For a multi-page document, a signature on the last page is sufficient, provided the connection between the individual pages is evident. This connection can be established, for example, by a continuous text or a page number.
The mere binding of loose sheets in a ring binder with an opening mechanism is insufficient. “ If there is no internal connection between the individual loose sheets and only one of them is signed, then only that sheet is considered a valid will. The remaining unsigned sheets do not constitute a valid will, ” explains lawyer István Cocron.
Notes
1. If each page of the will is signed, each page can be considered a separate will. This could raise the question of whether a later will revokes an earlier one.
2. High standards must be applied to the “internal coherence” for reasons of counterfeit protection.
3. If the testator adds to the will on the same sheet, this addition must also be completed by signature.
