Million-inheritance: Court stops will due to lack of testamentary capacity

Million-inheritance: Court stops will due to lack of testamentary capacity

What happens if someone writes a will without the necessary mental clarity? This question is currently troubling heirs and lawyers at the same time. As the Celle Higher Regional Court found, the heirs bear the full risk if the testator was not competent to make a testament. This became clear in a case in which a tax advisor hoped to make a million-dollar fortune, but came away empty-handed due to the testator's incapacity to testify. The single, childless woman, who died in 2015, named the tax advisor as the sole heir both in her will in 2008 and in a notarial inheritance contract in 2014. But after her death, relatives came forward who questioned her testamentary capacity.

A psychiatric report showed 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 invalid, which the Celle Higher Regional Court confirmed. In this context, it is important to emphasize that even a notarized inheritance contract does not protect against invalidity if there was no testamentary capacity at the time of creation. This risk particularly affects anyone who insists on inheritance when drawing up a will.

Testability in detail

What exactly does testamentary capacity mean? According to Section 2229 of the Civil Code, the testator, i.e. the person who draws up the will, must be able to recognize the meaning and scope of his decisions. Testamentary capacity requires mental ability that must be free from pathological disorders. This regulation applies to all types of last will and testament – ​​be it a handwritten will or a notarial inheritance contract. It is therefore necessary to pursue one's own decision-making process clearly and comprehensibly at the time of declaring one's will, without external influences clouding one's judgment.

Free formation of will means that the testator must be able to examine and weigh up aspects objectively. Various psychological disorders can be a hindrance - these include delusional syndromes, psychoses and affective disorders. Therefore, character traits such as memory impairment or an altered perception of reality can lead to inability to testify. What is also exciting is that the condition of the testator at the time of the declaration of intent is crucial; Previous statements do not count legally.

Practical consequences for heirs

For the heirs, this means that if they have any doubts about their testamentary capacity, they should definitely have the will examined. A contestable will can not only cost time, but can also lead to lengthy inheritance disputes. Especially if the testator's psychological problems are evident, it may make sense to have the probate court take a closer look at the documents. Various pieces of evidence, such as reports from the MDK or court files, play a central role in determining testamentary capacity.

The decision of the Celle Higher Regional Court impressively underlined that the risk of incapacity to testate cannot be taken carelessly. Even heirs who believe in good faith often find themselves in a difficult situation because there is no protection of trust. Even long-term, close relationships with the testator will not help if the will is deemed invalid. The tax advisor could sing a song about it, because in the end all he was left with was the knowledge of a failed inheritance.

For anyone who wants to make a will, it is worth delving deeper into the subject of testamentary capacity. This not only secures your own will, but also preserves the peace in the family. You should always play it safe – for your own protection and that of your offspring.