Ask a lawyer on the topic of Inheritance law

Does a handwritten will need to be submitted to the probate court in a sealed envelope?

September 25, 2016 | 40,00 EUR | answered by Jan Wilking

At some points, it is claimed that a privately kept handwritten will must be submitted to the probate court in a sealed envelope in the event of death, as it could allegedly become invalid if accidentally opened. On the other hand, the formal requirements for its creation do not specify anywhere that such a will must be kept in a sealed envelope, at least I have not found such a provision in the German Civil Code. How can this contradiction be resolved? I could understand it becoming invalid if the envelope was signed and sealed on the outside and contained unsigned pages; in that case, opening it would also allow for the pages to be swapped. However, with individually signed handwritten pages and the total number mentioned on each page (e.g. "Page 2 of 4"), I cannot imagine that happening. I request clarification and the corresponding section of the German Civil Code, if possible.

Jan Wilking

Dear inquirer,

Thank you for your inquiry.

The requirements for the effectiveness of a holographic will are regulated in § 2247 of the German Civil Code. There is no obligation to pack the will in an envelope and seal it. Therefore, a will is not automatically invalid if it is not submitted in a sealed envelope. However, in individual cases, a missing signature on the actual will can be replaced by a signature on the envelope (as the last page of the will), see for example BayObLG, 12.08.2002 - 1Z BR 66/02. In such a case, separating the envelope from the content before submission could lead to difficulties in providing evidence.

Best regards