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German Court Confirms Torn Will as Revoked, Upholds Statutory Heirs

The OLG Frankfurt ruled that tearing a will constitutes legal revocation, dismissing challenges to inheritance certificates issued under statutory succession.

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Overview

  • The Oberlandesgericht Frankfurt ruled on April 29, 2025, that a torn will found in a safe-deposit box was legally revoked and invalid.
  • Inheritance certificates naming the deceased’s wife and mother as heirs under statutory succession were upheld as final.
  • The torn handwritten will, discovered two months after the certificates were issued, favored another individual who sought to challenge the inheritance.
  • The court found that the act of tearing the will demonstrated clear intent to revoke it, as only the deceased had access to the safe-deposit box.
  • This decision reinforces the legal principle that physical destruction of a will is decisive for revocation under German inheritance law.