Will on a piece of paper - not always ineffective!

In an unusual case, the Braunschweig Higher Regional Court (OLG) dealt with the validity of a „will“ on a note (case reference: 1 W 42/17). The case concerned the „will“ of a woman whose husband and relatives had predeceased her, with the exception of two grandnieces. The woman and her husband had appointed each other as sole heirs in their wills in 2001, but had not appointed a final heir.

After the woman's death, a grandniece applied for a certificate of inheritance as sole heir. As proof of her legal position, she submitted a note, handwritten and signed by her aunt:

„If I can find someone to look after me and not put me in a home, they'll get my house and everything I have.“

The niece claimed that she had taken care of the aunt, i.e. that she was the person the great-aunt meant on the note and had appointed as sole heir. However, she did not receive the certificate of inheritance. In principle, it is possible to draw up an effective will by hand and sign it in such a short space of time (postcard, beer mat, etc.). However, the note did not reveal an unambiguous will and the „future sole heir“ was not sufficiently clearly defined. Last but not least, the note was not dated. This meant that it was not possible to clarify beyond doubt whether the note was written after the will of 2001 - all of which, taken together, were reasons why the note was not an effective will and the grandnieces had to share the inheritance.

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