Pursuant to Section 601 ABGB, non-compliance with a mandatory formal requirement leads to the invalidity of the testamentary disposition. In particular, a formal requirement is not mandatory if compliance with it is only advisable (e.g. indication of place and date). Partial invalidity is also conceivable. Any non-observance of (mandatory) formal requirements leads to invalidity – even if the will of the testator is clearly recognizable and provable. It is not possible to cure the invalidity.
In principle, however, invalidity only means that the order can be contested and is therefore only of relevance if the defect is asserted. Only obvious formal defects are to be observed ex officio.
Anyone who benefits from the invalidity of the will is entitled to contest it.
If a testamentary disposition is recognized by all persons who would be legal heirs in the event of invalidity, the disposition is nevertheless valid.
