2023
=U3= Sec2064 -- Section 2064 Made in person
--
=S=> BGB 2064 The testator may make a will only in person .
=U3= Sec2065 -- Section 2065 Determination by third parties
--
=S=> BGB 2065. 1 The testator may not make a testamentary disposition in such a way that another person has to determine whether it should be effective or not .
=S=> BGB 2065. 2 The testator may not leave to another person the specification of the person who is to receive a gift and the specification of the object of the gift .
=U3= Sec2066 -- Section 2066 Heirs on intestacy of the testator
--
=S=> BGB 2066 If the testator has made provision for his heirs on intestacy without more precise identification , provision is made to the persons who would be his heirs on intestacy at the time of the devolution of the inheritance in accordance with the proportions of their shares of the inheritance on intestacy . Where the gift is made subject to a condition precedent or together with the specification of a date of commencement , and where the condition is satisfied or the date occurs only after the devolution of the inheritance , then in case of doubt provision is to be seen as made to those persons who would be the heirs on intestacy if the testator had died at the time when the condition was satisfied or on the date of the commencement .
=U3= Sec2067 -- Section 2067 Relatives of the testator
--
=S=> BGB 2067 If the testator has made provision for his relatives or his next of kin without more precise identification , then in case of doubt provision is to be regarded as having been made to those relatives who would be his heirs on intestacy at the time of the devolution of the inheritance , in accordance with the proportions of their shares of the inheritance on intestacy . The provision of section 2066 sentence 2 applies .
=U3= Sec2068 -- Section 2068 Children of the testator
--
=S=> BGB 2068 If the testator has made provision for his children without more precise identification and if a child died before the making of the will , leaving descendants , then in case of doubt it is to be assumed that the provision has been made to the descendants to the extent that they would take the place of the child in intestate succession .
=U3= Sec2069 -- Section 2069 Descendants of the testator
--
=S=> BGB 2069 If the testator has made provision for one of his descendants and if after the will is made this descendant ceases to be an heir , then in case of doubt it is to be assumed that provision is made for this descendant's descendants to the extent that they would take his place in intestate succession .
=U3= Sec2070 -- Section 2070 Descendants of a third party
--
=S=> BGB 2070 Where the testator has made provision for the descendants of a third party without more precise identification , then in case of doubt it is to be assumed that provision is not made for the descendants who have not been conceived at the time of the devolution of the inheritance or , if the gift is made subject to a condition precedent or together with the specification of a date of commencement and the condition is satisfied or the date occurs only after the devolution of the inheritance , at the time when the condition is satisfied or on the date of the commencement .
=U3= Sec2071 -- Section 2071 Group of persons
--
=S=> BGB 2071 If the testator has made provision , without more precise identification , for a class of persons or for persons who have an employment or business relationship with him , then in case of doubt it is to be assumed that provision is made for those who at the time of the devolution of the inheritance belong to the class stated or are in the stated relationship .
=U3= Sec2072 -- Section 2072 The poor
--
=S=> BGB 2072 If the testator has made provision , without more precise identification , for the poor , then in case of doubt it is to be assumed that provision is made to the public poor relief fund of the community in whose district he had his last residence , subject to the testamentary burden that it must distribute the gift among poor persons .
=U3= Sec2073 -- Section 2073 Ambiguous designation
--
=S=> BGB 2073 If the testator has designated the person provided for in a way that applies to more than one person , and if it cannot be determined which of them was to be provided for , they are regarded as provided for in equal shares .
=U3= Sec2074 -- Section 2074 Condition precedent
--
=S=> BGB 2074 Where the testator has made a testamentary gift subject to a condition precedent , then in case of doubt it is to be assumed that the gift is only to be made if the person provided for is living at the date when the condition is satisfied .
=U3= Sec2075 -- Section 2075 Condition subsequent
--
=S=> BGB 2075 Where the testator has made a testamentary gift subject to the condition that the person provided for refrains from doing or continues to do something for an indefinite period , then , if the ceasing or continuing is purely at the discretion of the person provided for , in case of doubt it is to be assumed that the gift is to be dependent on the condition subsequent that the person provided for undertakes the action or refrains from it .
=U3= Sec2076 -- Section 2076 Condition for the benefit of a third party
--
=S=> BGB 2076 If the condition subject to which a testamentary gift is made is intended to benefit a third party , then in case of doubt it is held to have been satisfied if the third party refuses the cooperation necessary to satisfy it .
=U3= Sec2077 -- Section 2077 Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement
--
=S=> BGB 2077. 1 A testamentary disposition in which the testator has made provision for his spouse is ineffective if the marriage was dissolved before the testator's death . It is equivalent to dissolution of marriage if at the time of the death of the testator the requirements for divorce were satisfied and the testator had petitioned for divorce or consented to it . The same applies if the deceased at the time of his death was entitled to petition for the annulment of the marriage and had filed the petition .
=S=> BGB 2077. 2 A testamentary disposition in which the testator has made provision for the person to whom he is engaged is ineffective if the engagement was dissolved before the testator's death .
=S=> BGB 2077. 3 The disposition is not ineffective if it is to be assumed that the testator would have made it even in such a case .
=U3= Sec2078 -- Section 2078 Avoidance for mistake or duress
--
=S=> BGB 2078. 1 A testamentary disposition may be avoided to the extent that the testator was mistaken as to the contents of his declaration or had no intention whatsoever of making a declaration with these contents and it is to be assumed that if he had known the situation he would not have made the declaration .
=S=> BGB 2078. 2 The same applies to the extent that the testator was induced to make the disposition by the mistaken assumption or expectation that a circumstance would occur or not occur , or was unlawfully induced by duress .
=S=> BGB 2078. 3 The provision of section 122 does not apply .
=U3= Sec2079 -- Section 2079 Avoidance for omission of a person entitled to a compulsory portion
--
=S=> BGB 2079 A testamentary disposition may be avoided if the testator has omitted a person entitled to a compulsory portion who is in existence at the time of the devolution of the inheritance , the existence of whom was unknown to the testator when he made the testamentary disposition or who was born or became entitled to a compulsory portion only after the making of the testamentary disposition . Avoidance is excluded to the extent that it is to be assumed that the testator would have made the disposition even if he had known the circumstances .
=U3= Sec2080 -- Section 2080 Person entitled to avoid
--
=S=> BGB 2080. 1 The person who would be directly benefited by the cancellation of the testamentary disposition is entitled to avoid it .
=S=> BGB 2080. 2 Where , in the cases of section 2078 , the mistake relates only to a particular person and where this person is entitled to avoid or would be entitled to avoid if he had been alive at the time of the devolution of the inheritance , no other person is entitled to avoid .
=S=> BGB 2080. 3 In the case of section 2079 , only the person entitled to a compulsory portion is entitled to avoid .
=U3= Sec2081 -- Section 2081 Declaration of avoidance
--
=S=> BGB 2081. 1 The avoidance of a testamentary disposition that appoints an heir , excludes an heir on intestacy from succession , appoints an executor or cancels a disposition of such a kind is effected by a declaration made to the probate court .
=S=> BGB 2081. 2 The probate court should communicate the declaration of avoidance to the person who is directly benefited by the disposition avoided . It must permit inspection by every person who credibly establishes a legal interest .
=S=> BGB 2081. 3 The provision of subsection 1 also applies to the avoidance of a testamentary disposition that does not create a right for another person , in particular to the avoidance of a testamentary burden .
=U3= Sec2082 -- Section 2082 Period of avoidance
--
=S=> BGB 2082. 1 The avoidance may be made only within one year .
=S=> BGB 2082. 2 The period begins on the date on which the person entitled to avoidance obtains knowledge of the ground of avoidance . The running of the period is governed by the provisions applying to limitation of sections 206 , 210 and 211 with the necessary modifications .
=S=> BGB 2082. 3 The avoidance is excluded if thirty years have passed since the devolution of the inheritance .
=U3= Sec2083 -- Section 2083 Defence of voidability
--
=S=> BGB 2083 If a testamentary disposition that creates an obligation to perform is voidable , the person with the obligation may refuse performance , even if avoidance is excluded under section 2082.
=U3= Sec2084 -- Section 2084 Interpretation favouring effectiveness
--
=S=> BGB 2084 If the contents of a testamentary disposition permit more than one interpretation , then in case of doubt preference is to be given to the interpretation under which the disposition may be effective .
=U3= Sec2085 -- Section 2085 Partial ineffectiveness
--
=S=> BGB 2085 The ineffectiveness of one of a number of dispositions contained in a will results in the ineffectiveness of the other dispositions only if it is to be assumed that the testator would not have made them without the ineffective disposition .
=U3= Sec2086 -- Section 2086 Reservation of right to make addition
--
=S=> BGB 2086 If a testamentary disposition contains the reservation of a right to make an addition but the addition has not been made , the disposition is effective unless it is to be assumed that its effectiveness was intended to be dependent on the addition .
|
