Writing a will is certainly not one of the most pleasant tasks in life. Nevertheless, it is an important step to create clarity for our loved ones and avoid potential disputes. This guide will help you understand the key aspects and draw up a valid will.
Why Should You Create a Will?
- Without a will, the statutory succession automatically applies - this often does not align with your personal wishes.
- You can specifically designate certain people or charitable organizations.
- You provide clarity for your heirs and avoid potential disputes.
- You can include important wishes, such as burial instructions or provisions for pets.
The Two Ways to a Valid Will
1. The Handwritten Will
This is the simplest and most cost-effective option. The following requirements must be strictly followed:
- Write it entirely by hand from beginning to end.
- Sign it with your full first and last name.
- Include the date and place of creation.
Important: A will typed on a computer or typewriter is invalid - even if you sign it!
2. The Notarized Will
- You declare your last wishes to a notary (either verbally or in writing).
- The notary creates a legally secure document.
- You receive competent legal advice.
- Offers higher legal certainty but comes with associated costs.
Checklist: What Should Be Included in Your Will?
- Appointment of Heirs: Who should inherit your assets and in what proportions?
- Substitute Heirs: Who inherits if one of your heirs predeceases you?
- Bequests: Do you want to leave specific items or amounts to certain people?
- Conditions: What conditions should the heirs fulfill?
- Executor: Should someone oversee the execution of your last will?
- Funeral Wishes: How would you like to be buried?
- Other Wishes: e.g., regarding the care of pets.
Sample Template for a Handwritten Will
Below is a basic structure that you can adjust to your personal situation:
Will I, [Your Full Name], born on [Date of Birth] in [Place of Birth], currently residing at [Current Address], hereby declare my last will: 1. Appointment of Heirs: - I appoint [Name] as my sole heir. - As substitute heir, I designate [Name of Substitute Heir]. 2. Bequests: - I bequeath [Item/Amount] to [Name]. 3. Executor: - I appoint [Name] as the executor of my will. 4. Funeral Instructions: - I wish for my burial to be [Type of Burial] in [Location]. [Place], [Date] [Your Signature with First and Last Name]
Safe Storage
You have several options for storing your will:
- Deposit it at the probate court (recommended) - it will be automatically recorded in the Central Wills Register.
- Keep it in a bank safe deposit box.
- Store it securely at home.
Tip: Inform a trusted person about the location of your will.
Don't Forget Regular Updates
Life is ever-changing - review your will regularly, especially after major events:
- Marriage or divorce
- Birth of children or grandchildren
- Purchase or sale of real estate
- Significant changes in your assets
When a Notarized Will Is Beneficial
Visiting a notary is particularly advisable if:
- You have complex assets (e.g., real estate, businesses).
- You have complicated family relationships.
- You desire absolute legal certainty.
Cost Overview
The cost of a will varies depending on the chosen form:
- Handwritten Will: No direct costs, optional deposit fee at the probate court (around €75).
- Notarized Will: Fees depend on the value of your assets:
- For assets worth €50,000: approximately €165 plus VAT.
- For assets worth €250,000: approximately €535 plus VAT.
The "Berlin Will" - A Special Form for Married Couples
The Berlin Will is a popular option for married couples with children:
- Spouses designate each other as sole heirs.
- The children inherit only after the death of the second parent.
- Provides maximum protection for the surviving spouse.
- Note: Can have tax disadvantages - seek advice!
Important: The Compulsory Share
Even with a will, you cannot fully exclude certain individuals from inheritance:
- Children, spouses, and parents (if no children exist) are entitled to a compulsory share.
- The compulsory share amounts to half of the statutory inheritance portion.
- Can only be revoked in extreme exceptional cases.
Common Mistakes to Avoid When Drafting a Will
- Typed additions in a handwritten will.
- Unclear or ambiguous wording.
- Missing signature or date.
- Signing with only your first name.
- Joint wills between non-spouses (not permitted!).
- Amendments without a new date and signature.
Frequently Asked Questions About Wills
Can I Change My Will Later?
Yes, you can change or revoke a handwritten will at any time. It is best to create a completely new will and destroy the old one.
What Happens If I Don't Make a Will?
Then the statutory succession applies: First, children and spouses inherit, followed by parents, then siblings. This often does not align with personal wishes.
Does a Will Have to Be Drafted by a Lawyer or Notary?
No, a handwritten will is just as valid. However, professional advice is especially advisable for more complex estates.
Can I Store My Will at Home?
Yes, but depositing it with the probate court is safer. This ensures the will is found and considered upon your death.
Important Note: This article provides an initial overview and does not replace legal advice. For your individual situation, we recommend consulting a lawyer or notary.