Interpretation excluded: Last will must be unambiguous
People should take care of their will in good time during their lifetime. It is wise to proceed very carefully. Otherwise it may not be possible to implement the last will and testament.
In some areas of life, accuracy is not necessarily the most important thing. But it does when it comes to drawing up a will. There should be no room for interpretation in the contents of a will, because if there are various possible interpretations of the document, this can throw a spanner in the works. This is shown by a decision of the Munich Higher Regional Court (OLG) (case reference: 33 Wx 38/23e), to which the German Bar Association's Inheritance Law Working Group refers.
The case concerned the will of a deceased woman with no relatives. It literally stated: "The person who cares for and looks after me until my death should receive all my assets!" The woman went on to name an acquaintance who was "currently" caring for her. She also appointed this person and another close relative as her guardian. When the woman died, the named acquaintance applied for a certificate of inheritance.
Probate court and higher regional court agree
The probate court did not grant her the certificate of inheritance because it did not consider the last will of the deceased to be clear enough. The court shared this assessment.
According to the court, the term "cared for and looked after" is already misleading. This is because it could mean actual physical care, household activities or just the mere giving of attention. The use of the term "the person" in the singular also raises the question of whether, of several people, only the person who has made the greatest effort should be appointed as heir. Otherwise, several carers could be entitled to inherit.
Law overrides last will and testament
Not even the naming of the acquaintance was sufficient for the courts. The reasoning: even if this person fulfilled the conditions for the appointment of an heir at the time the will was drawn up, this was not necessarily to be understood as an appointment of an heir, but rather as an example.
Therefore, if the wording of a will is too vague or misleading, it is not the testamentary succession that applies, but the statutory succession.
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Source: www.ntv.de
