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Emergency will loses effect after 3 months

In an article before we dealt with the conditions for a valid „emergency will“ in German inheritance law.

The aim of this instrument „emergency will“ is to get a valid testament, though the testator cannot write it himself/herself and officials in charge of certificating last wills are not available – due to the very acute danger of the testator´s near death.

With that in mind, it is only consequent, if German inheritance law says the „emergency will“ should lose its effect, if the testator survives the situation and gets into better health condition.

German law says this period is 3 months, during which the testator would have been able to erect a new testament. This period is suspended by the time when the testator is incapable of making a will before a notary. 

This means that in certain cases, periods of being in better conditions will be added up, even if interrupted by times of bad conditions, coma etc. This might be very difficult to prove and depends to a great deal on the records kept by the hospital. 

If you have an issue in German inheritance law, you find all our availabilities here

Dr. Donat Ebert
RechtsanwaltLawyer (HU, D)
office-ebert@email.de

 

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