Testamentary foundation

If the endowment transaction is a testamentary disposition, then the probate court is to inform the competent public authority of this for the purpose of recognition, unless application is made by the heir or the executor. If the endowment transaction does not satisfy the requirements of section 81 (1) sentence 3, then the foundation will be given a charter or additions will be made to an incomplete charter by the competent public authority before recognition; in so doing, the will of the founder is to be taken into account. The seat of a foundation, unless otherwise provided, is the place at which the management is carried out. In case of doubt, the last residence of the founder within the territory of Germany is deemed the seat.