A recent ruling by the Higher Regional Court of Munich demonstrates how crucial the formal requirements for a will are. In a case where an envelope containing handwritten notes and symbols was intended to serve as a last will and testament, the court ruled that the formal requirements of Section 2247 of the German Civil Code (BGB) had not been met. Consequently, the will was invalid.
Why is the form of a will so important?
A will must be handwritten and signed by the testator. The court clarified that handwritten annotations combined with symbols, arrows, or stickers are insufficient to guarantee the authenticity of a testamentary disposition. The ruling reaffirms the strict enforcement of legal requirements.
What was the problem in this specific case?
The deceased had left handwritten notes on an envelope, which included the name of a person. An arrow also pointed to an address label bearing the name of the supposed heir. However, the Higher Regional Court of Munich ruled that the arrow, as a symbol, did not constitute handwriting and that the address label did not meet the requirements of Section 2247 of the German Civil Code (BGB). Furthermore, a clear signature, which would have been necessary to conclude the disposition, was missing.
Lawyer Cocron: “Formal errors can quickly invalidate a will”
“ Anyone who wants to clearly record their last will and testament should pay attention to a clear, handwritten form. The ruling of the Higher Regional Court of Munich shows that even the smallest formal errors can render a will invalid ,” explains lawyer István Cocron.
What can testators and heirs learn from this?
This ruling makes it clear that a will must be unambiguous. Ambiguous wording or a mixture of text and symbols carries the risk of invalidity. Anyone who is unsure should consider having their will notarized or seek legal advice.
