NEWSLETTER 05-2020: UPDATE: LAST DISPOSAL AND THEIR FORMAL REQUIREMENTS – NEW UNCERTAINTY
In two recent decisions, the Supreme Court had to deal with third-party wills that consisted of loose sheets of paper that were not firmly connected to each other.
In both cases, the OGH came to the conclusion that the will was formally made and was therefore invalid. The will of the testator as set out therein was therefore not observed and the legal heirs came into play instead.
Only recently (see our newsletter 09/2019), on the occasion of a recent decision by the OGH (2 Ob 19/19m from July 25, 2019), we reported on problems in connection with the formal requirements for the creation of last wills.
You can find more information about the background to the formal invalidity and the effects of these decisions on wills that have already been drawn up in our current newsletter.