GER: Can an Address Sticker with an Arrow Symbol Constitute a Will?

Sept 13, 2024 Benn-Ibler Rechtsanwälte

When are the requirements for the written form of a hand-written will properly complied with? According to the Higher Regional Court of Munich, this is not the case when a will consists of an address sticker on an envelope.

In 2022, the testator died without leaving any children behind. A man then applied to the district court for a certificate of inheritance in which he was identified as the sole heir to the estate. In his application, he referred to a document which he said had been written by the testator. The document he presented was the front of a windowed envelope. In the top left-hand corner the letters ‘sm. Test.’ had been written and, above the window, the testator’s surname was visible. The following text was written on the centre of the envelope:

Dear F. family, best wishes! Delete everything on the Internet. Funeral mass! Right cupboard, black dress, shawl. Gab: 2` rest for you.

Next to the last two lines in the bottom right-hand corner of the envelope there was an address sticker. Between the words ‘Rest for you’ and the address sticker there was an arrow pointing to the plaintiff’s name. The alleged signature of the testator was written above the address sticker next to ‘shoulder cloth’.

The District Court, as the probate court, refused to issue the man with a certificate of inheritance. An appeal to the Higher Regional Court also failed.

According to Section 2247 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a testator can make a will by writing and signing a declaration in their own hand. The main purpose of this written form requirement is to ensure that the testator’s true intentions are respected. The requirements for a will written in one’s own hand must be interpreted strictly. According to the court, the will may not contain any symbols (such as the arrow in the present case). Nor may a will contain address stickers. Only handwritten wills withstand the test of authenticity because of the characteristics of each individual’s handwriting.

Finally, the testator's personal signature was also missing from the will. Even if one were to assume that the writing on top of the sticker was the 'signature' of the testator, in the present case it cannot be considered to be a signature, since the ‘signature’ does not conclude the document.

OLG Muenchen, 33 Wx 329/23 (23 July 2024)