487
=S=> BGB 2249. 1 If it is feared that the testator will die sooner than it is possible to make a will before a notary , he may make the will by means of a record drawn up by the mayor of the municipality where he resides . The mayor must call in two witnesses for the authentication . A person who is provided for or appointed as an executor in the will to be recorded may not be called as a witness ; the provisions of sections 7 and 27 of the Notarial Recording Act [ Beurkundungsgesetz ] apply with the necessary modifications . The making of the will is governed by the provisions of sections 2232 and 2233 as well as the provisions of sections 2 , 4 , 5 ( 1 ) , sections 6 to 10 , 11 ( 1 ) sentence 2 , ( 2 ) , section 13 ( 1 ) and ( 3 ) , sections 16 , 17 , 23 , 24 , 26 ( 1 ) no . 3 , 4 , ( 2 ) , and sections 27 , 28 , 30 , 32 , 34 and 35 of the Notarial Recording Act [ Beurkundungsgesetz ] ; the mayor takes the place of the notary . The record must also be signed by the witnesses . If the testator , according to his own statement or in the firm o pinion of the mayor , is incapable of signing his name , the signature of the testator is replaced by this statement or firm opinion being included in the record .
=S=> BGB 2249. 2 The fear that it will no longer be possible to make a will before a notary should be stated in the record . The validity of the will is not affected if the fear was unfounded .
=S=> BGB 2249. 3 The mayor should draw the attention of the testator to the fact that the will becomes invalid if the testator survives the expiry of the period provided by section 2252 ( 1 ) and ( 2 ) . He should state in the record that this notification has been given .
=S=> BGB 2249. r
=S=> BGB 2249. 4 ( repealed )
=S=> BGB 2249. 5 The will may also be made before a person who is appointed under the provisions of statute to represent the mayor . The representative should state in the record the basis of his power of agency .
=S=> BGB 2249. 6 If formal errors were made when drafting the record concerning the making of the will as provided for in the above subsections , but it can nevertheless be assumed with certainty that the will contains a reliable rendering of the testator's declaration , then the procedural error does not detract from the effectiveness of the recording .
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