Illegible will

A document that is illegible and cannot be deciphered even with the help of an expert cannot be considered a valid will. A Higher Regional Court (OLG) recently had to rule on such a flawed succession plan.

A widow passed away, leaving behind a daughter. Since no will had been made, statutory succession applied, and the certificate of inheritance confirmed the daughter as the sole heir. A caregiver for the widow then submitted a document stating that the decedent had bequeathed her entire estate to the caregiver three months before her death. At the caregiver’s request, the certificate of inheritance was revoked as invalid. The daughter objected to this.

The Court’s Ruling

Although the court agreed with the caregiver that the handwritten and signed document contained the decedent’s name as well as the caregiver’s name and date of birth, the remaining words were illegible. Even the expert witness, despite his many years of experience, was unable to fully decipher the document. The court countered the guardian’s claim that the words “alles” and “vermache” were recognizable by stating that these words, if they were included at all, could not be attributed to any common style of writing, and that the word “alles” had also been spelled incorrectly, namely with only one “l.”

A prerequisite for the validity of a self-written will is that the declared intent is evident from the text. This does not mean that, in cases of doubt regarding the exact meaning of individual words or parts of words, one cannot rely on circumstances outside the document. However, the Higher Regional Court made it clear: An interpretation of the content can only take place if the content is legible.

Conclusion: Anyone wishing to draw up a valid will must ensure that they write legibly. For those who are unable to do so—for example, due to age—the only option is to have a notarized will drawn up.