A will is needed to ensure that the person who is supposed to inherit actually inherits. Sometimes a change requires a second one. Then it should be clear which really applies.
Two wills, one date: Writing your last will twice on the same day can pose a major challenge for the bereaved. Because the most recent will is decisive. It's just stupid if it can't be clearly clarified what that is.
The Working Group on Inheritance Law of the German Lawyers' Association refers to a corresponding decision (Az.: 3 W 52/21) of the Higher Regional Court (OLG) Rostock. In this specific case, a man had done just that: drafted two wills on the same day, which essentially corresponded in terms of content, but contradicted one another on an important point. One provided for a lifelong right of usufruct for a husband's daughter to a property belonging to the estate - the other did not. The heirs involved are now arguing about the question of which is the decisively more recent - and therefore valid - will.
As a result, the beneficiary of one will denied the daughter the right of usufruct, which she took legal action against - without success. Because if the wills in such a case cannot be clearly inferred which was last written down, they are considered to have been created at the same time, according to the court. They are therefore valid alongside one another, provided they do not contradict one another. However, if one contains provisions that the other does not provide for, these are invalid, the court found.
Good to know: The judges ruled that circumstances such as the place where it was found or the more orderly and error-free writing of a will are not sufficient to determine which is the last will made.
Read here and here what is important when making a will and what should be avoided.
(This article was first published on Tuesday, February 28, 2023.)
