On the (in)validity of allographic wills


According to the latest decision of the Supreme Court, testamentary decrees not handwritten by the testator are only valid if the testamentary witnesses themselves sign on the deed. Loose sheets must be in a contextual connection. Allographic wills are invalid if the testament witnesses have not placed their signature on the sheet (or sheets) containing the last will, but on another loose (or empty) sheets. [OGH 26.06.2018, 2 Ob 192/17z]

  • Attention: Change by law of the number of necessary, not favoured witnesses from two to three, since 01.01.2017.