Ook het agrarisch (concept)testament kan gaan rieken

The author discusses current case law on the ‘forgotten will’ and the ‘draft will with legal effect’. Did the testator intend the will to regulate only the relationships that existed at the time it was drawn up, and not the newly created situation? If so, the will could be set aside with Art. 4:46 Civil Code and the law of intestate succession would determine the inheritance. If the inheritance law will has not changed, but the circumstances have, Schols argues, a new will with the same content may be desirable: the confirmation will.

A draft will may result in the court intervening in inheritance law on the basis of reasonableness and fairness (Art. 6:2 paragraph 2 BW). A draft will should be prevented from taking on a legal life of its own. Notaries will pay even more attention to the draft sent and the draft testator who, if the inheritance will previously expressed in draft is no longer wanted, will preferably cancel the draft inheritance law.