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Category: Testament

Right to inspect the testator's newly drawn up will after divorce

  • Categories: General, Inheritance and bequests, Will

Divorced spouse has the right to inspect officially kept wills newly drawn up by the testator after the divorce

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Invalid renunciation of an inheritance by the legal representative of a minor heir

  • Categories: General, Inheritance and bequests, Will

Invalid renunciation of an inheritance by the legal representative of a minor heir due to the expiry of the time limit during a brief stay abroad

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Problem regarding the interpretation of a joint will in a blended family

  • Categories: General, Inheritance and bequests, Will

Issues relating to the interpretation of a joint will in a blended family (Brandenburg Higher Regional Court, order of 31 January 2019, ref. 3 W 37/18)

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In principle, it is possible to draw up a valid will on a piece of scrap paper.

  • Categories: General, Inheritance and bequests, Will

In principle, it is possible to draw up a valid will on a piece of notepaper. But be careful: the formal requirements that generally apply to wills must be met.

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Proof of succession: Validity of a will that can no longer be found

  • Categories: General, Inheritance and bequests, Will

A stroke of luck: even a will that can no longer be found may still be valid if its form and content can be proven by evidence.

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A valid joint will may also be regarded as two separate wills

  • Categories: General, Inheritance and bequests, Will

Paperwork: A valid joint will can also be regarded as two separate wills, even if – and in this case precisely because – they were originally written on a single sheet of paper and (at some point) cut apart...

Interpretation of a joint will: The meaning of ‚our children‘ in a blended family

  • Categories: General, Inheritance and bequests, Will

Interpretation of a joint will: The meaning of ‚our children‘ in the context of a blended family (Higher Regional Court of Düsseldorf, order of 28 August 2018, ref.: I-3 Wx 6/18)

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Interpretation of a privately written will: preliminary and reversionary inheritance

  • Categories: General, Inheritance and bequests, Will, Pre- and post-inheritance

Interpretation of an unwritten will: preliminary and reversionary inheritance: partner is only a non-exempt preliminary heir according to the Munich Higher Regional Court, order of 13 November 2018, ref. no.: 31 Wx 182/17

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Correction to the Land Register: Proof of inheritance by means of a certificate of inheritance

  • Categories: General, Inheritance and bequests, Will

Correction to the Land Register: Proof of inheritance by means of a certificate of inheritance is required in the case of a privately written will that was previously placed in safekeeping and subsequently opened

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Succession even where a will exists only as a copy

  • Categories: General, Inheritance and bequests, Will

The Berlin Higher Regional Court recently ruled that succession may also be determined on the basis of a will of which only a copy remains (Berlin Higher Regional Court, order of 3 August 2018, ref.:...