Mutual will

Mutual Wills are permissable under German law. However, not all testamentary dispositions in a mutual Will  are mutually connected: Unless otherwise provided, a testamentary disposition in a joint will is mutually connected to another testamentary disposition (Wechselbezügliche Verfügung) if it would not have been made without that disposition. See § 2270(1) BGB. According to § 2270(2) BGB, unless otherwise provided, it is presumed that a testamentary disposition is mutually connected to another testamentary disposition if the estate shall pass to the surviving spouse and after the death of the surviving spouse to a relative or otherwise related person (e.g. friend) of the first deceased spouse. 


Glossary

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