Million heritage: court stops will due to a lack of testivity

Million heritage: court stops will due to a lack of testivity

What happens if someone wrote a will without the necessary intellectual clarity? This question currently employs heirs and lawyers at the same time. As the Celle Higher Regional Court had to determine, the heirs bear the full risk if the testator was not testable. This became clear in a case in which a tax advisor hoped for millions of assets, but was empty due to the testator's inability to test. The single and childless woman, who died in 2015, had deployed the tax consultant in the will both in the will and in 2014 in a notarial inheritance contract as sole heir. But after their death, relatives reported to the testivity.

A psychiatric report demonstrated that the testator suffered from a delusional disorder and was therefore unable to freely form her will. The Hanover District Court then declared the inheritance contract ineffective, which the OLG Celle confirmed. In this context, it is important to emphasize that even a notarized inheritance contract does not protect against nullity if the ability to testify was missing at the time of construction. This risk affects in particular everyone who insists on the succession when creating a will.

test ability in detail

What exactly does testivity mean? According to Section 2229 of the Civil Code, the testator, i.e. the one who creates the will, must be able to recognize the meaning and scope of his decisions. The ability to test requires a mental ability that must be free from pathological disorders. This regulation applies to all types of latter orders - be it a handwritten will or a notarial inheritance contract. This makes it necessary to clearly and understandably pursue your own will formation at the time of the declaration of intent, without external influence the judgment.

Free will formation means that the testator must be able to check and weighs aspects objectively. Various mental disorders can be a hindrance here - this includes delusional syndromes, psychoses and affective disorders. Therefore, character traits, such as memory disorders or changed reality perception, can lead to inability to test. It is also exciting that the condition of the testator at the time of the declaration of intent is decisive; Earlier statements do not count legally.

practical consequences for heirs

For the heirs, this means that if you have any doubt about the testimony, you should definitely check the will. A contestable will can not only cost time, but also lead to lengthy inheritance disputes. Especially when the testator's psychological abnormalities are recognizable, it can make sense to have the documents look at the documents more closely by the probate court. Various evidence, such as reports from the MDK or court files, play a central role here to determine the ability to test.

The decision of the OLG Celle impressively underlined that the risk of testing incapacity cannot be taken over lightly. Bulky heirs are also often in a difficult situation, because there is no protection of legitimate expectations. Even long -term, close relationships with the testator do not help if the will is considered ineffective. The tax advisor could sing a song about it, because in the end he only had the knowledge of a failed heritage.

For everyone who wants to build a will, it is worth diving into the subject of testivity. This not only ensures your own will, but also keeps lovely peace in the family. You should always be on the safe side - for your own protection and that of the offspring.