In order to be able to appear as a witness, a person must have the capacity to testify. In this context, the law specifies various circumstances which, if applicable, exclude the person as a witness. There are:
- Persons under 18 years of age (exception: emergency will)
- Persons who are unable to testify to the last will and testament due to physical or mental impairment
- People who do not speak the language
- Partiality – i.e., in particular, persons who are beneficiaries of the testamentary disposition and certain close relatives
