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NEWSLETTER 09-2019: LAST DISPOSAL AND THEIR FORM REQUIREMENTS

In order for wills to be valid and taken into account in the probate process, they must meet strict formalities. Recently, the Supreme Court (OGH) dealt with the legal question of whether a copy of a handwritten and signed will with changes written and signed in the original meets the requirements of Section 578 ABGB (aF).

 

The OGH came to a clear conclusion with significant implications, which is why this newsletter not only presents the decision itself but also reminds us of the formal requirements for wills in general.

Last will and testaments require compliance with certain formal requirements, compliance with which is essential for their validity and effectiveness. Only recently did the Supreme Court (OGH) once again have to deal with the formalities of a last will and testament, or more precisely a will. In its decision 2 Ob 19/19 m, published on July 25, 2019, the OGH dealt with the question of whether the copy of a will written and signed by hand  with changes written and signed in the original, which meet the legal requirements of signature.
This newsletter also reminds you of the formal requirements for wills in general .

  • DDr. Alexander HASCH
  • Mag. Maximilian HOFMANINGER

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