Posts tagged #validity of form

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OGH: Will Can Be Signed ‘by Mouth’

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a notarial will can be signed ‘by mouth’. The testator was responsive when making his will in 2019, but could only answer questions by nodding or making eye contact...

OGH: Nuncupation Not Necessary in the Case of a Notarial Will

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that when a testamentary disposition is drawn up before a notary, no personal nuncupation is required. The deceased and his wife concluded a 'contract of inheritance together with a will' i...

OGH: On the Inherent Unity of Testamentary Dispositions

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...

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