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Source: BUS Sachsen-Anhalt (Linie6PLus)

Withdraw will

Description

If you have given a disposition of property upon death (e.B a will or a contract of inheritance) to the court in special official custody or this has been deposited there by the notary at your instigation, you can have it returned from special official custody. The request can be made at any time. If you have jointly established the disposition upon death with your spouse or partner, it can only be returned to both at the request of both parties. If you have concluded a contract of inheritance, all contracting parties must demand the return. In certain case constellations, the withdrawal from official custody also means the revocation of the deposited disposition upon death, e.B. in the case of notarial wills. Therefore, in these constellations, the testator must be able to testify in the return request. The application may also be made by an alternate. However, the return can only be made to the testator himself.

  • If possible, personal interview; however, the request for return from special official custody may also be made in writing or by a representative. However, the actual handover can only be made to you personally.
  • Actual possibility of identification by presenting the identity card or passport with registration certificate.
  • If necessary, testability
  • A joint will may only be returned to both spouses/life partners.
  • The return of a contract of inheritance can only be made jointly to all contracting parties.
  • Identity card or passport with registration certificate
  • Deposit certificate (The submission is not mandatory, but makes it easier to find your disposition upon death).

Usually, the matter is settled at the first interview.

If the surrender to the testator is refused, the Rechtspfleger decides by decision, § 38 FamFG. The testator may lodge a temporary appeal against the rejection, §§ 58 et seq., 63 FamFG, 11 RPflG.

If, according to land law, a clerk was functionally responsible instead of the rechtspfleger, a reminder must be filed in accordance with § 573 ZPO.

Contact the district court.

Forms required: No

Online procedure possible: No

Written form required: No

Personal appearance required: Yes. You can be represented at the time of application or submit the application in writing. However, the disposition can only be returned to you personally.

If you wish to withdraw a disposition of property upon death from special official custody, it is advisable to proceed as follows:

  • Please contact the probate court responsible for you and make an appointment.
  • If you have jointly certified, all testators must submit the application and accept the disposition upon death jointly. This also applies mutatis mutandis if you have concluded a contract of inheritance. Then all contracting parties must submit the application.
  • Please bring your identity card and, if available, the deposit certificate with you to the appointment.
  • In the case of the return of the disposition upon death, the Rechtspfleger may Checked your ability to testify. Under certain circumstances, the withdrawal from official custody also acts as a revocation of the deposited disposition upon death.
  • The court reports the return to the Central Register of Wills.

The text was automatically translated based on the German content.

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