Drawing up a will is an important step in providing clarity for your loved ones and avoiding 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.