Emergency will in German inheritance law
It is often through terrible accidents that people get into hospital and are faced with the situation that their death might be close. Then they want to quickly render a last will, but due to their bad health condition are not able to do so by themselves.
In such or similar situations – when the mayor or a notary cannot be reached quickly – German inheritance law foresees the possibility of a so-called „emergency will“.
What are the conditions for a valid „emergency will“?
– Three witnesses have to be present.
– Death of the testator is close or all three witnesses are convinced that this is the case.
– All witnesses are present and listen to the declarations by the testator.
– They are responsible that the will of the testator is written down.
– They are present when the declarations by the testator are read to him/her and convince themselves that the testator approves of them.
If one of those conditions is not met, the „emergency will“ is invalid and we have a case of intestacy.
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