Testamentary will
The Testierwille of the deceased is an absolute prerequisite for the effective establishment of a Testament . A written declaration by the testator, even if it meets the formal requirements of § 2247 BGB, can only be considered a testamentary disposition if it has been made with the will of the testator, i.e. with the testator's serious will to draw up a will and legally binding testamentary will To make arrangements. There must be no doubt that the testator viewed the document drawn up by him as a legally binding will or at least had the knowledge that it could be viewed as such. Whether such a serious testament was present is by way of interpretation according to § 133 BGB, taking into account all significant circumstances, including those outside the document, and life experience. If the form of the document does not correspond to the usual practice for wills - which is also the case with a letter - strict requirements must be placed on the proof of the will to testify.
literature
- Palandt / Weidlich, 72nd edition, §2247, Rn. 5, Munich 2013, ISBN 978-3-406-63000-2 .
Individual evidence
- ^ Susanne A. Benner: Exam course in family and inheritance law: a case and repetition book for exam candidates. Hüthig Jehle Rehm 2013, ISBN 3-811-49231-4 , p. 237, no. 557.
