The case: On October 6, 2014, a testator made a testamentary disposition consisting of a total of nine handwritten pages. In her will she designated her husband as her unrestricted prior heir and her children as her subsequent heirs. The woman also ordered the execution of the will.
At the bottom of page 8 of the will was the abbreviation “bw”. On the back of this sheet, marked with the page number 8a, the testator decreed the permanent execution of the will with regard to her daughter until her death by one of her brothers. However, the testator did not record the date of writing on this page and did not sign the passage. After the death of the testator, the son applied for an executor’s certificate.
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Signature doesn’t have to be the last act
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In court, the son was successful: the will drawn up by the testator was effective, the OLG found. This also applies to the arrangement added later on the back of page 8.
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The law requires the testator to sign his will. However, the signature does not have to be the last act of drawing up the will, explains the court. Subsequent additions do not need to be signed separately if they are covered by the existing signature.
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In this context, a reference to the addition included in the text of the will may be important. Such a note was on page 8 with the abbreviation “bw” for “please turn around”. Together with the page number 8a and the consecutive numbering as well as the contextual context, this sufficiently indicates that the decree is covered by the testator’s signature.
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© dpa-infocom, dpa: 210601-99-822302 / 5
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