Invalidity of the will due to loss of family status
Is Section 725 ABGB as amended by the ErbRÄG 2015 a successful provision?
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The effect of the loss of the status of relative on the validity of testamentary dispositions was subject to a drastic change in the law in the course of the ErbRÄG 2015: Whereas under the old legal situation, the testamentary disposition in favor of a former relative remained in principle valid and was only accessible to a rather hopeless challenge on the grounds of motive error - due to the strict requirements of the judicature regarding the burden of proof - under the current legal situation, the testamentary disposition is revoked eo ipso pursuant to Section 725 ABGB upon the dissolution ...
The effect of the loss of the status of relative on the validity of testamentary dispositions was subject to a drastic change in the law in the course of the ErbRÄG 2015: Whereas under the old legal situation, the testamentary disposition in favor of a former relative remained in principle valid and was only accessible to a rather hopeless challenge on the grounds of motive error - due to the strict requirements of the judicature regarding the burden of proof - under the current legal situation, the testamentary disposition is revoked eo ipso pursuant to Section 725 ABGB upon the dissolution of the relationship with the relative.This paradigm shift from the near hopelessness of enforcing a challenge on the grounds of mistake to the near inevitability of annulling the disposition is dealt with in detail - with a view to the respective difficulties in interpreting both legal institutions. The newly introduced Section 725 of the Austrian Civil Code (ABGB) is at the center of the elaboration, whereby in the context of its interpretation, in particular its dogmatic classification and legal nature as well as, associated with this, the nature of a possible contrary order and the scope of application are dealt with.
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