Andeutungstheorie und Versterbensklausel

'Theory of Intimation and Death Clause. Interpretation of a Joint Spousal Will in the Event of ›Simultaneous Death‹': The joint will is a widespread but error-prone instrument of inheritance law, particularly in the case of 'death clauses' in the event of the simultaneous death of the spouses. The question of 'simultaneity' is in tension between the legal formal requirements and the determination of the testator's will (§ 133 BGB). A statutory regulation for the interpretation of such clauses appears to make sense in order to avoid uncertainties.