OLG München opines on vagueness of a will
When it comes to wills, precise wording is a must. It ensures that the testator’s last will and testament is implemented in accordance with his or her wishes. It also keeps any interpretive wiggle room to a minimum, and for good reason. Unclear wording is a recipe for an invalid will. Case in point: a ruling of Munich’s higher regional court – the Oberlandesgericht (OLG) München – from September 25, 2023 (case ref.: 33 Wx 38/23 e).
Wills ought to be formulated clearly and unambiguously in order to avoid inheritance disputes later on. Vaguely worded testamentary dispositions run the risk of a court applying its own interpretation in attempting to ascertain the testator’s final wishes. What’s more, the court may be unsuccessful in this attempt, rendering the will null and void, explains an expert in inheritance law at MTR Legal Rechtsanwälte.
Vaguely worded will
That was the outcome of a case heard by the OLG München. The testator in that case, a childless widow, had stipulated in a handwritten will that her entire estate should go to the person who cares for and supports her until her death. She also named the individual who had assumed responsibility for her care at that time. The carer in question would later go on to apply for a certificate of inheritance following the testator’s passing.
According to the OLG München, however, she had not become an heir to the testator’s estate. Citing the vagueness of the wording, the court reasoned that it was not possible to ascertain the testator’s final wishes with sufficient certainty.
The OLG München went on to clarify that the testator had merely specified the requirements that a person needed to fulfill in order to become an heir, and that the caregiver was only mentioned by name in the will as an example.
No clear designation of heirs
The testator had failed, on the other hand, to specifically indicate which requirements needed to be fulfilled for the appointment of an heir. In particular, it was unclear what expectations the testator had in mind for her care and support, both in terms of substance and time commitment. Among other things, it was unclear whether the relevant person was supposed to assume responsibility for her care and support from the time the will was drawn up, or whether care from a later date was sufficient. The court also held that it was not clear whether said individual was required to provide uninterrupted care and support for the testator.
Prioritize clear wording
Moreover, if several people were involved in her care, it was not clear from the will which of them should inherit the estate. It also remained unclear what the testator meant by “care” and “support”, whether she had used these terms interchangeably or whether the appointment of an heir was conditional on both requirements being met. The OLG München ultimately concluded that the wording was overall too vague for the court to be able to infer the testator’s final wishes by interpreting the will, which rendered it null and void.
Clear and unambiguous wording ought to be a priority for testators when preparing their will if they want to ensure that their final wishes are implemented as intended.
The team at MTR Legal Rechtsanwälte advises on many aspects of inheritance law, including wills.
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