(1) Where there is the concern that the testator will die sooner than it is possible to make a will before a notary, they may make the will by means of a record drawn up by the mayor of the municipality in which they reside. The mayor must call in two witnesses for the authentication. A person who is provided for or appointed as an executor in the will to be recorded may not be called as a witness; the provisions of sections 7 and 27 of the Law on Attestations (Beurkundungsgesetz) apply accordingly. The making of the will is governed by the provisions of sections 2232 and 2233 as well as the provisions of sections 2, 4, 5 (1), sections 6 to 10, 11 (1) sentence 2 subsection (2), section 13 subsections (1) and (3), sections 16, 17, 23, 24, 26 (1) no. 3, 4, subsection (2), and sections 27, 28, 30, 32, 34 and 35 of the Law on Attestations (Beurkundungsgesetz); the mayor takes the place of the notary. The record must also be signed by the witnesses. If the testator, according to their own statement or the conviction of the mayor, is incapable of signing their name, the signature of the testator is replaced by the determination of this fact or of this conviction being included in the record.
(2) The concern that it will no longer be possible to make a will before a notary as a rule is to be stated in the record. The validity of the will is not affected if the concern was unfounded.
(3) As a rule, the mayor is to draw the attention of the testator to the fact that the will becomes invalid if the testator survives the expiry of the period provided by section 2252 subsections (1) and (2). The mayor is to state in the record that this notification has been given.
(4) (repealed)
(5) The will also may be made before a person who, according to statutory provisions, is appointed to represent the mayor. As a rule, the representative is to state in the record the basis of their power of agency.
(6) If formal errors were made when drafting the record concerning the making of the will as provided for in the above subsections, but it can nevertheless be assumed with certainty that the will contains a reliable rendering of the testator’s declaration, then the procedural error does not detract from the effectiveness of the recording.