A will is valid only if the following conditions are met:
- Testamentary capacity
- Testamentary intent
- No lack of intent
- Compliance with the required formalities
If only one of these requirements is missing, the will can be contested by all persons who would benefit from the invalidity of the will.
An essential prerequisite for drawing up a will is that the testator understands the meaning and consequences of the testamentary disposition and acts accordingly. Persons aged 18 and over have unlimited testamentary capacity, provided they are mentally capable of comprehending the process of making a will. Mature minors (persons between 14 and 18 years of age), on the other hand, have only limited testamentary capacity, which means that they can only declare a will orally before a court or a notary – except in cases of emergency.
There are also a number of formal requirements that must be observed. The specific requirements to be observed largely depend on the type of will. What the various types have in common is that the creation of a testamentary disposition is a highly personal transaction, which means that any representation is inadmissible and leads to the invalidity of the disposition.
