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.
Important Note: This article provides general information based on German inheritance law and does not replace individual legal advice. German inheritance law can be complex. For your personal situation and to create a legally sound will under the applicable law, we strongly recommend consulting a lawyer or notary, particularly one familiar with German law if your situation involves it.
Why is a Will Advisable?
- Determine your own wishes instead of statutory succession: Without a will, the law dictates who inherits – often differently than you would wish. With a will, you decide what happens to your estate.
- Specifically benefit chosen individuals: You can freely choose heirs, including friends or charitable organizations, and set individual inheritance shares.
- Create clarity, avoid disputes: Clear provisions in your will prevent misunderstandings and conflicts among survivors.
- Express personal wishes: Record instructions, for example, regarding the type of your burial, grave care, or the care of your pets.
The Two Forms of Wills
In German inheritance law, there are two main forms for creating a valid will:
1. The Handwritten (Private) Will
This is the simplest form, which you can create without assistance. It is inexpensive but carries the risk of formal errors or unclear wording that can later lead to disputes. The following requirements are mandatory for validity:
- Entirely handwritten: The entire text must be handwritten by you.
- Personal signature: You must sign with your full first and last name at the end of the text.
- Date and place: Be sure to state the date (day, month, year) and place where you wrote the will. This is important if multiple wills exist.
Warning: Formal Errors! A will written on a computer or typewriter and only signed is invalid! The same applies to unsigned or merely dictated wills.
2. The Public (Notarial) Will
With this form, you declare your last will to a notary or hand over a written document (open or sealed) to them. The advantages are:
- Professional advice: The notary provides comprehensive advice on legal structuring options and compulsory share claims (Pflichtteilsansprüchen).
- Legally sound wording: The notary ensures clear wording and that all formal requirements are met. This minimizes the risk of later challenges.
- Official custody included: The notary arranges for registration in the Central Register of Wills (Zentrales Testamentsregister) and deposit with the competent local court (probate court/Nachlassgericht).
- Costs: Notary fees are incurred for notarization, which depend on the value of your assets (see "Costs" section).
Checklist: Important Contents for Your Will
You should consider and, if necessary, regulate the following points when creating your will:
- Appointment of Heirs: Who inherits what?
Clearly determine which person(s) or organization(s) should be your heir(s) and in what shares (Erbquoten) they will receive your estate. Without this specification, statutory succession (gesetzliche Erbfolge) applies. - Substitute Heirs: What happens if an heir predeceases?
Name a substitute heir (Ersatzerbe) for each heir. This person takes the place of the originally intended beneficiary if they die before you or disclaim the inheritance. (Optional, but highly recommended to avoid ambiguity). - Bequests (Legacies - Vermächtnisse): Specific gifts
Do you want to give specific assets (e.g., a piece of jewelry, a car, a sum of money) to certain individuals or organizations without appointing them as heirs? This is done through a bequest (Vermächtnis). - Partition Directive (Teilungsanordnung): Specific allocation of estate assets
You can specify which heir should receive which specific item from the estate (e.g., a particular property, a work of art) as part of their inheritance share. This simplifies distribution among the heirs. (Differs from a bequest!) - Conditions/Obligations (Auflagen): For heirs/legatees
You can oblige heirs or legatees to perform or refrain from a specific action (e.g., taking over grave care, caring for a pet, continuing a business in a certain way). - Executorship (Testamentsvollstreckung): Administration and settlement of the estate
Appoint a trusted person (executor - Testamentsvollstrecker) to carry out your last will, manage the estate, and distribute it among the heirs. This is particularly useful for complex estates, minor heirs, or to avoid disputes. - Disinheritance (Enterbung): Exclusion from statutory succession
You can expressly exclude statutory heirs (like children or spouses) from succession. However, be sure to consider their potential compulsory share claim (Pflichtteilsanspruch)! - Funeral Wishes (Bestattungswünsche): Personal preferences
Express your wishes regarding the type (e.g., burial, cremation, sea burial) and place of your funeral. While these wishes are not as legally binding on the heirs as the appointment of heirs, they are usually respected.
Example of a Simple Holographic Will (Template)
Important Note: This template is only a guide for very simple cases and does not replace legal advice from a notary or lawyer. Flawed or unclear wills can be invalid or lead to disputes. For complex situations (assets, family, international aspects, etc.), be sure to seek professional advice!
Remember: The entire will must be personally handwritten and signed by you from beginning to end!
My Last Will / Testament I, [Your full first and last name], born on [Your date of birth] in [Your place of birth], residing at [Your full current address], hereby declare my last will with a clear mind: I revoke all my previous wills. 1. Appointment of Heirs (Choose ONE option or adapt it): Option A: Sole Heir My sole heir is [Full name, date of birth, address]. Option B: Multiple Heirs in Equal Shares My heirs in equal shares are: - [Full name of Heir 1, date of birth, address] - [Full name of Heir 2, date of birth, address] - [...] Option C: Multiple Heirs in Different Shares My heirs are: - [Full name of Heir 1, date of birth, address] receiving [Share, e.g., 1/2]. - [Full name of Heir 2, date of birth, address] receiving [Share, e.g., 1/4]. - [...] 2. Substitute Heirs (Optional, but recommended) If an heir predeceases me, the substitute heir shall be: [Full name, date of birth, address]. (If necessary, regulate for each heir individually) 3. Bequests (Optional) I bequeath: - [Exact description of item/amount] to [Full name, date of birth, address]. - [...] 4. Executorship (Optional) I appoint an executor. The executor shall be: [Full name, date of birth, address]. 5. Funeral Wishes (Optional) I wish for a [Type of burial] in [Place/Region]. [Place, Date (Day, Month, Year)] (Your handwritten signature) _________________________ [Your full first and last name, handwritten]
After creation: Review the text for clarity. Store the will safely (see "Secure Storage" section) and, if applicable, inform a trusted person about its location.
Secure Storage of Your Will
To ensure your last will is found and considered upon your death, proper storage is crucial:
- Official custody with the probate court (Nachlassgericht) (recommended): This is the safest method. For a one-time fee (see Costs), your will is deposited and automatically registered in the Central Register of Wills (Zentrales Testamentsregister - ZTR) in Germany. This ensures it is found and opened in the event of inheritance. A notarial will is always kept in official custody.
- At home in a safe place: Possible, but risky. There is a danger that the will may not be found, lost, destroyed, or tampered with. Be sure to inform an absolutely trusted person of its exact location.
- Bank safe deposit box: Also possible, but access after death can be complicated for heirs until the succession is clarified. Here too: inform a trusted person!
Regularly Review and Update Your Will
Your life circumstances and wishes can change. Therefore, review your will every few years and especially after significant events to ensure it is still current:
- Marriage, registration of a civil partnership, divorce, or separation
- Birth of children or grandchildren
- Death or serious illness of an intended heir or legatee
- Acquisition or sale of major assets (e.g., real estate, businesses)
- Significant changes in the total value of your assets
- Changes in important relationships (e.g., a falling out with a beneficiary)
Important for changes: Never amend a holographic will by making deletions or unclear additions to the old document. Instead, write a completely new will with the current date and signature, and carefully destroy the old, invalid will.
When is a Notarial Will Particularly Advisable?
Although a holographic will is valid under German law, going to a notary offers decisive advantages, especially in the following cases:
- Complex asset situations: e.g., real estate ownership (especially abroad), company shares, substantial assets.
- Complicated family constellations: e.g., blended families, desired disinheritance (while observing the compulsory share - Pflichtteil), preliminary and subsequent heirship (Vor- und Nacherbschaft).
- Desire for maximum legal certainty: The notary ensures clear wording, prevents formal errors, and minimizes the risk of later challenges.
- Easier for heirs: A notarial will generally replaces the otherwise often required (and costly) certificate of inheritance (Erbschein) in Germany, saving time and money.
- Need for advice: If you are unsure about legal structuring options, compulsory share rights (Pflichtteilsrechte), or tax aspects (even if the notary is not a tax advisor).
Costs at a Glance: Holographic vs. Notarial Will (in Germany)
The costs for creating a will in Germany depend on the chosen form:
- Holographic Will:
- Creation: Free of charge.
- Optional official custody: One-time fee at the probate court (Nachlassgericht) of a flat €75 (plus a fee for registration in the ZTR of approx. €15-18). Highly recommended!
- Notarial Will:
- Notary fees are legally stipulated in the German Court and Notary Fees Act (Gerichts- und Notarkostengesetz - GNotKG) and depend on the net value of your assets (Geschäftswert = assets minus debts).
- Examples for the simple notarization fee (1.0 fee, § 34 GNotKG):
- For a €50,000 estate value: €165
- For a €250,000 estate value: €535
- For a €500,000 estate value: €935
The Berlin Will (Berliner Testament): Security for Married Couples & Civil Partners in Germany
This special form of joint will is very popular in Germany among spouses and registered civil partners (not for unmarried couples!), especially when there are joint children:
- Mutual sole heirship: The partners appoint each other as sole heirs. The surviving partner initially inherits the entire estate.
- Children as final heirs (Schlusserben): The joint children (or other named persons) inherit only after both partners have died.
- Securing the survivor: This provides the surviving partner with financial security and full control over the estate.
- Caution, binding effect (Bindungswirkung): After the death of the first partner, the survivor often cannot freely change the will, especially regarding the final heirs. This should be considered!
- Possible disadvantages:
- Compulsory share claims (Pflichtteilsansprüche): Children can claim their compulsory share (Pflichtteil) after the death of the first parent. This can often be mitigated by special clauses but not always prevented.
- Often less favorable tax-wise in Germany: Children's tax exemptions are not utilized in the first instance of inheritance, which can lead to higher inheritance tax.
Important: Due to the binding effect and the tax/compulsory share aspects, notarial advice is often particularly useful here.
Important to Know: The Compulsory Share Claim (Pflichtteil) in German Law
German inheritance law protects close relatives through the compulsory share (Pflichtteil). Even if you disinherit someone in your will, this person can often claim a minimum share of the estate under German law:
- Who is entitled to a compulsory share?
- Descendants of the deceased (children, grandchildren, great-grandchildren)
- Spouse or registered civil partner
- Parents of the deceased (only if no descendants exist)
- How high is the compulsory share? It amounts to half the value of the statutory share of inheritance.
- What is the compulsory share? It is purely a monetary claim against the heirs, not a claim to specific estate assets.
- Gifts can be relevant: Gifts made by the deceased in the last 10 years before death can increase the compulsory share (Pflichtteilsergänzungsanspruch - claim for augmentation of the compulsory share).
- Deprivation only in extreme cases: A complete deprivation of the compulsory share is only possible under very strict legal conditions (e.g., serious crimes against the deceased).
Mistakes to Avoid When Making a Will (under German Law)
To ensure your last will can actually be implemented, be sure to avoid these common mistakes:
- Formal errors in a holographic will:
- Not entirely handwritten (e.g., computer printout, typewritten parts, additions by other people).
- Missing or incomplete signature (first and last name at the end!).
- Missing or unclear date/place (can cause problems if multiple wills exist).
- Unclear wording: Who should receive what exactly? Avoid vague terms ("my neighbor," "some of my money"). Clearly name heirs and legatees with full name and ideally address/date of birth.
- Joint will by unmarried individuals: Only spouses and registered civil partners can make a joint will (like the Berlin Will) under German law. Other couples need separate individual wills.
- Changes made incorrectly: Deletions or additions to an old will are risky. It is safer to write a completely new will and destroy the old one.
- Ignoring compulsory share claims: Disinheritance without considering the compulsory share (Pflichtteil) often leads to disputes and payment claims against the heirs.
- Overlooking the binding effect: Not considering the subsequent binding effect on the surviving partner in joint wills (e.g., Berlin Will).
Frequently Asked Questions about Special Aspects of Wills (in the German Context)
How do I manage my digital estate (online accounts, etc.)?
Your digital estate (email accounts, social media, cloud storage, online subscriptions, cryptocurrencies) is not automatically part of the will. Create a separate, current list with access data and wishes for management or deletion. Store this securely (not in the will itself!) and inform a trusted person or appoint a digital executor. Legal regulations in Germany are still evolving here; advice can be useful.
What happens if my appointed executor declines the office or dies before me?
If the named executor does not take office or is no longer able to, and you have not named a substitute executor in the will, the probate court (Nachlassgericht) in Germany can appoint an executor upon request. To avoid this, it is advisable to also name one or more substitute executors in the will.
My will is old, but I have since married/divorced. Is it still valid under German law?
A marriage after a will is made can lead to the old will being contestable under German law, or the new spouse may have compulsory share or even inheritance rights despite disinheritance. A divorce generally renders provisions in favor of the ex-partner ineffective under German law. In both cases, you should urgently review your will and ideally replace it with a new one adapted to the current situation.
Can my pet inherit, and how do I ensure its care under German law?
Animals cannot directly inherit under German law. However, you can ensure your pet is cared for: Name a person as an heir or legatee and impose an obligation (Auflage) on them to care for the animal. You can also provide this person with a sum of money as a bequest (Vermächtnis) specifically for the pet's care costs.
How is my officially deposited will found securely in Germany?
If you deposit your will with the German probate court (Nachlassgericht) (or the notary does this for you), it is registered in the Central Register of Wills (Zentrales Testamentsregister - ZTR) of the Federal Chamber of Notaries (Bundesnotarkammer). After your death, the registry office (Standesamt) compares the death notification with the ZTR. The competent probate court is automatically informed and initiates the opening of the will.
My desired heir is in debt. How can I ensure the inheritance benefits them and doesn't immediately go to their creditors (under German law)?
If an indebted heir inherits without restriction, their creditors can access the inheritance. To secure the inheritance for the heir nonetheless, German law offers special testamentary provisions (e.g., preliminary and subsequent heirship (Vor- und Nacherbschaft) or executorship with administrative instructions (Testamentsvollstreckung mit Verwaltungsanweisungen)). These can prevent or at least significantly hinder direct access by creditors to the inherited assets. As these arrangements are very complex, you should definitely discuss this with a notary or a lawyer specializing in German inheritance law.