Notary on envelope: OLG Bremen confirms inheritance contracts

Notary on envelope: OLG Bremen confirms inheritance contracts

In a current case before the Bremen Higher Regional Court, the validity of a 2012 inheritance contract was decided. At that time, two spouses and their two daughters had concluded a contract that clearly regulated the subsequent inheritance of the daughters: they should only inherit their parents after the death of both parents and waived their compulsory portion. The controversial point is a notary signature that could only be found on the locked envelope and not directly on the contract itself. In the eyes of the opposite side, this did not meet the necessary formal criteria for the effectiveness of the document. However, the decision of the OLG Bremen states that this form of certification is sufficient as far as the legal framework for such contracts is concerned. According to [ESV.Info] (https://www.esv.info/aktuell/olg-bremen-signature-eines-erb contract through-notar-auf-schlossenem-mumschlossen-aus/id/143059/Mehr), the court confirms that the original dispositions of 2012 are regarded as permissible contractual regulations in accordance with § 2278 BGB.

The situation took a turn when the surviving husband, after the death of his wife on August 10, 2023, applied for a certificate of inheritance as unlimited sole heirs. However, the probate court rejected this application due to the existing regulations of October 19, 2012, which the husband classified as invalid. He argued that the 2012 certificate was ineffective due to the lack of signature of the notary. However, the Bremen-Blumenthal district court did not follow this view and refused in the inheritance certificate. The case was finally forwarded to the OLG Bremen, where the decision of the district court was confirmed.

formal validity of the inheritance contract

At the core of the procedure, the question was whether the husband's will of 2021, which contradicted the original inheritance contract, could repeal the regulations of 2012. The husband wanted to exclude the daughters of the deceased, who were deployed as subsequent heirs in accordance with the inheritance contract. However, the OLG made it clear that the signature of the notary on the envelope healed a lack of form of the inheritance contract in accordance with Section 35 of the Course Act. The court therefore rejected the husband's complaint as unfounded and confirmed the validity of the 2012 inheritance contract, which resulted in the husband and the daughters remained in their rights as a heir and the daughters. The legal basis for this decision can be found in the provisions of the BGB, in particular in § 2278.

Another aspect is that the husband has to bear the costs of the procedure. In the legal dispute, it also became clear that the daughters were not involved in the establishment of the New Testament, which continued to strengthen their position as a heir. This is an important signal for all those who deal with the topic of inheritance law and the requirements for the wording of inheritance contracts. Notary Dr. Kotz emphasizes how crucial the formal certification for the legal force of inheritance contracts is and that exceptional regulations such as the healing of form defects can be used to protect existing legal relationships.

legal effects and conclusion

The decision of the OLG Bremen not only affects the parties concerned, but also makes it clear that some formalities may not have to be handled as strictly as it assumes. It becomes clear that the intentions of the parties are in the foreground. In the meantime, the 2012 inheritance contract is considered binding, and the daughters can rely on their rights as heirs. The husband remains in his position as a previous heritage. Such decisions like this created legal certainty and once again lag a light on the complexity of the inheritance law.

For more information about such legal framework and their application, take a look at Haufe over.