destructed last will

The effect of a destructed last will in German inheritance law

In the context of the legal effect of a destructed last will, we think of a last will destroyed by the testator. If someone else destroyed the last will, this can constitute a serious offense in the sense of criminal law, but can also have severe consequences for the perpetrator to the effect the s/he is found unworthy to inherit anything. 

The destruction of a last will by the testator can happen in many ways: Tearing apart, shredding the document, burning it or wiping out the whole or parts of it. 

The act of destructing the will through the testator will usually be considered to be a revocation of the testament. The law does not prescribe any special form for the revocation, so practically it can take place in whatever way. 

There is no legal assumption that the destroying of a last will happened upon the will of the testator. 

But it is important that if the original of the testament is not available any longer, this does not mean that the last will is not valid any more. It might help to prove its content otherwise, with the help of a copy, witnesses etc. 

If you have any further question concerning German inheritance law, do not hesitate to contact us here.

Német ügyvéd
Dr. Donat Ebert
Rechtsanwalt – lawyer
Dr. Donat Ebert

Dr. Donat Ebert

Ügyvéd - Rechtsanwalt (HU, D)

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