The Cologne District Court had to decide on a rather curious case not so long ago: The facts relating to file number 30 VI 92/20 show that a testator at the time wrote on a wooden table with a felt pen that his domestic help should become the sole heir of his property. In addition to this declaration written on the table, several wills were found on which the brother was initially identified as the sole heir. Later statements by the testator were also found, in which he wanted to revoke his brother’s appointment. The domestic helper applied for a certificate of inheritance to show that she was the sole heir and referred to the testator’s announcement on the table in his home.
The exciting question is now: Does a will have to be written down on a piece of paper in the classic way – or can the testator also express his will via a “table testament”?
The basic answer is: It works! The formal requirement of §§ 2231 No. 2, 2247 BGB is limited for so-called handwritten wills, i.e. those that the testator draws without the help of a notary, to the requirement of handwritten and signed declaration. This is a very personal business that the testator has to carry out himself – representation is therefore excluded.
It should also be noted that the handwritten testament must still be written by hand and not typed on the computer and only signed by hand. The handwriting of the person making the declaration is then compared with the handwriting of the person who is identified as the testator in the will. This formal requirement is therefore used to establish identity.
The signature of the testator then forms the conclusion of the personal declaration. Everything that is still written under the signature is therefore fundamentally ineffective, unless the addition (e.g. a PS) has been signed separately. In the one before AG Cologne In the negotiated case, the testator completely missed a signature on the table top – this fact, and not the fact that the will was written on a table, led to the domestic help being rejected.
Our legal tip is therefore: When drawing up a handwritten will, you should make sure that you have signed your will. It is up to you what you ultimately write your will on. However, especially for reasons of evidence, it is still recommended to write it down on commercially available paper.
We will be happy to advise you comprehensively on the subject of will drafting and on all other inheritance law issues. You can reach us on 040/528 403 – 0 or by email at [email protected].
RUGE FEHSENFELD partnership mbB lawyers tax consultants
Bastian Ruge LL.M.
Lawyer
Specialist lawyer for inheritance law
Specialist lawyer for tax law
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