Absence of the notary’s signature - the validity of a contract of inheritance
The Higher Regional Court (Oberlandesgericht, OLG) in Bremen had to decide on a case concerning the validity of a contract of inheritance that the certifying notary himself had not signed. The notary’s signature was only on the envelope in which the document had been sealed.
In the underlying case, a married couple had concluded a notarised contract of inheritance with their children where the parents had mutually appointed each other as provisional heirs and their children as reversionary heirs of the survivor. The document was not signed by the certifying notary, however, his signature was on the envelope in which the document had been sealed. Subsequently, the married couple drew up a notarised joint will where they mutually appointed each other as the unrestricted sole heirs. Following the death of the wife, the husband filed an application for a certificate of inheritance identifying him as the sole and unrestricted heir. The application was rejected.
The OLG Bremen, in its ruling of 9.5.2025 (case reference: 1 W 4/25), clarified that, under Section 2278 of the German Civil Code, the contractual arrangements could not be cancelled by the joint will because it had been drawn up without the cooperation of the children. The arrangement made in the contract of inheritance - mutual appointment of the spouses as provisional heirs with concurrent reversionary succession for the children - had a binding contractual effect with respect to the succession. In the opinion of the senate, even the absence of the notary’s signature on the document would not render the contract of inheritance invalid.
