Oral will instead of a handwritten (allographic) will

In the decision of September 9, 2021 (V CSKP 117/21) the Supreme Court decided that if a handwritten (allographic) will is invalid for formal reasons, the court may decide that we are dealing with an oral will in this case. For example, if the will of 2 testators is written in the will (which makes the will of Art.951 of the Civil Code invalid), it can be considered two oral wills. The Supreme Court stated: „If each of the testators made a declaration of his last will with the presence of three witnesses, two separate oral wills were drawn up. The declaration of each testator retains its independence as an ordinance of the last will and there is no – as is the case with a document – a substrate mechanically combining several regulations into one act. The validity of an oral will is not affected by the fact that the oral declarations of the last will were made at the same time, place and to the same witnesses, that they were related in content, or even whether they were made consecutively or alternately. „