Testament Rückgabe
Hamburg
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99046018090000
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Typ 2/3
Inhalt
<div lang="en-x-mtfrom-de">Withdrawal/return of an order upon death from special official custody.</div>
Begriffe im Kontext
<div lang="en-x-mtfrom-de">Return of inheritance contract</div> (Synonym), <div lang="en-x-mtfrom-de">Return of will</div> (Synonym), <div lang="en-x-mtfrom-de">Return decree upon death</div> (Synonym), <div lang="en-x-mtfrom-de">Withdrawal from official custody</div> (Synonym), <div lang="en-x-mtfrom-de">Withdrawal of the will from official custody</div> (Synonym)
Fachlich freigegeben am
26.09.2023
Fachlich freigegeben durch
nicht vorhanden
Withdrawing a disposition upon death (will or inheritance contract) from special official custody
If you have placed a death decree (will or inheritance contract) in special official custody at the court or it was deposited there by the notary at your request, you can have it returned from special official custody. The request can be made at any time. If you and your spouse or life partner have made a joint will upon death (joint will), it can only be returned to both of them upon mutual request.
If you have concluded an inheritance contract, all contracting parties must demand return. In certain cases, the withdrawal from official custody also means the revocation of the deposited disposition upon death, for example in the case of notarial wills. Therefore, in these constellations, the testator (author of the will) must be competent to make a testament when requesting the return (mentally healthy, able to legally draw up a will). The application can also be submitted by a representative. However, the return can only be made to the testator himself.
If you have concluded an inheritance contract, all contracting parties must demand return. In certain cases, the withdrawal from official custody also means the revocation of the deposited disposition upon death, for example in the case of notarial wills. Therefore, in these constellations, the testator (author of the will) must be competent to make a testament when requesting the return (mentally healthy, able to legally draw up a will). The application can also be submitted by a representative. However, the return can only be made to the testator himself.
- Identity card or passport with registration certificate
- Deposit receipt (This is not mandatory, but it makes it easier to find your disposition upon death)
- Personal interview; However, the application for return from special official storage can also be made in writing or through a representative. The actual delivery can only be made to you personally.
- Presentation of identity card or passport with registration certificate
- Testamentary capacity (mental health, ability to legally draw up a will)
- A joint will may only be returned to both spouses or life partners.
- The return of an inheritance contract can only be made jointly to all contracting parties.
If you want to withdraw a decree from special official custody upon death, we recommend proceeding as follows:
- Please contact the relevant probate court where the will is held and arrange an appointment.
- If you have made a joint will, all testators must demand the return and also accept the disposition jointly. This also applies if you have concluded an inheritance contract. Then all contracting parties must submit the application.
- Please bring your ID card and, if you have one, the deposit slip with you to the appointment.
- When the disposition is returned due to death, the legal guardian may check your testamentary capacity (mental health, ability to draw up a legally effective will). Under certain circumstances, the withdrawal from official custody also acts as a revocation of the deposited order upon death.
- The court reports the return to the Central Register of Wills
- <div lang="en-x-mtfrom-de">Hamburg District Courts</div>
- <div lang="en-x-mtfrom-de">Public Legal Information and Settlement Body Hamburg (ÖRA)</div>
- <div lang="en-x-mtfrom-de">General information probate court</div>
- <div lang="en-x-mtfrom-de">Information from the Federal Ministry of Justice on heirs and bequests</div>
In certain cases, special official custody can also be arranged by a third party if you so wish, for example when drawing up a notarized will or inheritance contract. The notary will then ensure that the document is taken into special official custody.
Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
If the release to the testator is refused, the judicial officer will make a decision.
The testator can lodge a temporary appeal against the rejection, §§ 58 ff., 63 FamFG, 11 RPflG.
If, according to state law, a clerk was functionally responsible instead of the judicial officer, a reminder must be submitted analogous to Section 573 ZPO.
The testator can lodge a temporary appeal against the rejection, §§ 58 ff., 63 FamFG, 11 RPflG.
If, according to state law, a clerk was functionally responsible instead of the judicial officer, a reminder must be submitted analogous to Section 573 ZPO.
- Withdrawal or return of an order upon death from special official custody
- Will return
- A death decree (will or inheritance contract) deposited with the district court and which is in special official custody will be returned to the testator upon request.
- A joint public or handwritten will can only be withdrawn by both spouses or life partners
- If it is an inheritance contract, all contracting parties must request the return. This only applies to inheritance contracts and the testamentary capacity of all those involved. Other contractual provisions remain in the file.
- The request can be declared at any time verbally or in writing. However, the return can only be made to the testator personally.
- Since the revocation of a notarial will is also a disposition upon death, it is considered irrefutably revoked if it is returned to the testator. Therefore, in these specific cases, the testator's (will's author) testamentary capacity (mentally healthy, able to legally draw up a will) is also required at the time of withdrawal.
- If the testator dies, the deposited will is not returned but is opened by the probate court
- However, if a will is found after the testator's death, it must be delivered to the probate court. The probate court records this will as part of the probate file.
If you want to find out exactly who is responsible for your request, please follow the link to Hamburg Service