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Book 5 · Law of succession  ›  Title 7 · The making and revocation of a will › Section 2250

Emergency will before three witnesses

(1) A person who is staying in a place which, as a result of extraordinary circumstances, is blocked off in such a way that making a will before a notary is not possible or extremely difficult, may make the will in the form specified by section 2249 or by oral declaration before three witnesses.

(2) A person who is in such imminent mortal danger that it is probable that even making a will in accordance with section 2249 is no longer possible may make the will by oral declaration before three witnesses.

(3) If the will is made by oral declaration before three witnesses, a record to this effect must be made. The witnesses are governed accordingly by the provisions of section 6 (1) nos. 1 to 3, sections 7 and 26 (2) nos. 2 to 5 and section 27 of the Law on Attestations (Beurkundungsgesetz), and the record is governed accordingly by the provisions of sections 8 to 10, section 11 (1) sentence 2, (2), section 13 (1), (3) sentence 1, sections 23 and 28 of the Law on Attestations (Beurkundungsgesetz) as well as the provisions of section 2249 (1) sentences 5 and 6, section 2249 (2) and (6). The record may be made in another language apart from German. The testator and the witnesses must be sufficiently familiar with the language of the record; as a rule, this is to be stated in the record if it is written in a language other than German.

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