Follow on Google News News By Tag Industry News News By Location Country(s) Industry News
Follow on Google News | OLG Bremen: Right reserved in a joint will to make amendments can be restrictedThe right reserved in a joint will to make amendments can be made conditional on the approval of a third party. That was the verdict of the Oberlandesgericht (OLG) Bremen [Higher Regional Court of Bremen].
By: GRP Rainer LLP In the case in question, a married couple had prepared a joint will and mutually appointed each other as sole heirs, with the children and grandchildren being designated as the final heirs. The surviving spouse was granted a right to make amendments pursuant to which he or she was allowed to make changes to all aspects of the will as well as establish new testamentary provisions. This right was restricted in that amendments could only be made if approved by the executor. After the wife had passed away, her husband prepared a notarized individual will that deviated from the joint will. For example, it appointed one of his daughters as a revisionary heir of the other children. He did not, however, coordinate this change with the executor. A dispute subsequently emerged following the testator's death. The daughter who according to the individual will was then only to become a revisionary heir demanded that the certificate of inheritance be revoked, arguing that her father's individual will was invalid because the amendments had not been arranged together with the executor as required by the joint will. The OLG Bremen ruled in her favour, concluding that the individual will was invalid because the changes ought not to have been made without the executor's approval. The OLG clarified that a right reserved in a joint will to make amendments can be made conditional on the approval of a third party, as it was said to be possible to apply arbitrary restrictions to the right to alter joint provisions. To avoid disputes among heirs, the provisions in a will or contract of inheritance should always be clearly worded. Lawyers who are experienced in the field of succession law can offer advice. https://www.grprainer.com/ GRP Rainer LLP www.grprainer.com/ Contact Michael Rainer Lawyer, Managing Partner GRP Rainer LLP Gürzenich-Quartier Augustinerstraß 50667 Cologne Germany Phone: +49 221-27 22 75-0 info@grprainer.com www.grprainer.com/ End
Account Email Address Account Phone Number Disclaimer Report Abuse
|
|