Ineffectiveness of a handwritten copy of a personal will

06. September 2019 / Mag. Markus PEIER

The deceased left a copy of a will she had written and signed by herself. This copy was supplemented by original personal deletions and modifications as well as an original personal signature. The deceased crossed out the name and date of birth of a substitute heir and added another name and dates of birth to the copy. Finally, the deceased signed the document by hand, with the place and date of interment.

The original will underlying the copy could not be found. Nor could it be established whether the original will was lost by chance and without the knowledge of the deceased. The last will remains in place if the document is destroyed or lost by chance, provided that the coincidence or loss and the content of the document are proved. A copy of the last-intentional order only provides proof of its contents, but does not also provide proof of accidental loss or loss.

The formal requirements relating to the making of a final disposition are mandatory, so that a final disposition is invalid even if the will of the deceased is completely clear and unambiguous. Therefore, anyone wishing to testify in writing and without witnesses must write the final order personally and sign it with his name.

Self-handed means that the writing must be produced directly by the deceased, whereas the production of the text using a computer, copier or typewriter does not meet the requirement. The Supreme Court therefore decided that the copy of the text is not a personal text. The original (own-hand) changes and deletions, including the original signature, do not change this either.

The original (own) changes and deletions, on the other hand, did not contain, on their own, an inheritance or, in the specific case, did not give a meaningful text, so that, on their own, they could not represent a valid last-intentional order.

The decision at issue shows the usefulness of the professional establishment and notarial custody of final disposition.

We are happy to assist you in the establishment of your last will and offer safe custody and registration of the last will in the Central Register of Wills.

The first consultation with the notary is free of charge.

Decision of the OGH 2 Ob 19/19 m from 25. 7. 2019.

06. September 2019 / Mag. Markus PEIER

The deceased left a copy of a will she had written and signed by herself. This copy was supplemented by original personal deletions and modifications as well as an original personal signature. The deceased crossed out the name and date of birth of a substitute heir and added another name and dates of birth to the copy. Finally, the deceased signed the document by hand, with the place and date of interment.

The original will underlying the copy could not be found. Nor could it be established whether the original will was lost by chance and without the knowledge of the deceased. The last will remains in place if the document is destroyed or lost by chance, provided that the coincidence or loss and the content of the document are proved. A copy of the last-intentional order only provides proof of its contents, but does not also provide proof of accidental loss or loss.

The formal requirements relating to the making of a final disposition are mandatory, so that a final disposition is invalid even if the will of the deceased is completely clear and unambiguous. Therefore, anyone wishing to testify in writing and without witnesses must write the final order personally and sign it with his name.

Self-handed means that the writing must be produced directly by the deceased, whereas the production of the text using a computer, copier or typewriter does not meet the requirement. The Supreme Court therefore decided that the copy of the text is not a personal text. The original (own-hand) changes and deletions, including the original signature, do not change this either.

The original (own) changes and deletions, on the other hand, did not contain, on their own, an inheritance or, in the specific case, did not give a meaningful text, so that, on their own, they could not represent a valid last-intentional order.

The decision at issue shows the usefulness of the professional establishment and notarial custody of final disposition.

We are happy to assist you in the establishment of your last will and offer safe custody and registration of the last will in the Central Register of Wills.

The first consultation with the notary is free of charge.

Decision of the OGH 2 Ob 19/19 m from 25. 7. 2019.