Transatlantic Testament
am 23.08.2004 von German American Law Journal :: American Edition
CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does not meet the requirements of Florida law which the court found to apply substantively under the German conflicts of law rule in Art. III(3), XXVI(1)(1)(b) EGBGB. Yet, the court found the will to meet German statutory requirements, §2247 BGB, and to be valid under conflicts of laws rules established by the Hague Convention on the recognition of testaments, dated October 5, 1961, Art. I(1)(b). Although neither the United States nor Florida signed the convention, its rules are accepted as universal law, the court acknowledged.
As a result, the testamentary provisions will govern the distribution of the estate among its beneficiaries. The court recognized that Florida …
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