Writing a Will in Germany

Under German law, creating a valid will involves formalities and requirements to ensure that the testator’s wishes are accurately reflected in the document and prevent legal disputes or challenges. We have listed the essential steps involved with drafting wills below.

Testator’s Capacity: The testator must be of sound mind and possess the legal capacity to create a will. This implies that they fully understand the implications of their actions, the nature of their assets, and the significance of their decisions. At Schlun & Elseven Rechtsanwälte, our inheritance lawyers can advise clients regarding the testator’s mental capacity requirements. Our team is ready to arrange for medical evaluations or expert assessments if doubts exist.

Clear Expression of Intent: A valid will in Germany demands an unambiguous expression of the testator’s intent regarding the distribution of their assets. The language used should be straightforward and specific, leaving no room for interpretation. The will should leave no doubts about who the beneficiaries are and what they are entitled to inherit. Our team is ready to advise clients in this matter and ensure they are aware of the specific requirements.

The Testator’s Signature: The testator must personally sign the will to indicate their approval of its contents. This signature varies depending on the will type: a handwritten signature for handwritten wills or a physical signature for notarized wills. In the case of an oral will, the testator must personally declare their wishes, and the witnesses should sign the written record. Our team is available to guide testators through the proper execution of the will, including ensuring it is signed correctly. Similarly, wills need to be dated appropriately and unambiguously to establish the time of its creation.

Freedom from Coercion or Undue Influence: The creation of the will should be entirely free from any form of coercion, manipulation, or undue influence from external parties. Our lawyers are available to assess the circumstances surrounding the creation of the will to ensure there was no coercion or undue influence. In this regard, witnesses may play a crucial role in verifying the document’s legality and the testator’s competence. Handwritten and oral wills often require witnesses who can attest to the testator’s capacity, clarity of intent, and the absence of coercion. Notarized wills involve the presence of a notary and two witnesses.

Recording and Storage: It should be securely stored after the will is created and signed. Keeping the will with a trusted individual, a legal advisor, or in a safe place is often recommended. Informing family members and heirs about the will’s existence and location is also prudent. Our team is ready to advise clients on safe storage options for their wills.

At Schlun & Elseven Rechtsanwälte, we are ready to assist their clients in crafting legally valid wills, accurately reflecting their wishes and reducing the risk of future legal disputes. Proper documentation, record-keeping, and safeguarding of the will are essential for preserving its integrity and accessibility.

Writing a will in Germany is a crucial aspect of estate planning that ensures your assets are distributed according to your wishes after your passing. Here are four key points to consider when creating a will in Germany, along with the ways an inheritance lawyer can assist in this process:

Types of Wills: In Germany, you can choose from various types of wills, including handwritten wills (Eigenhändiges Testament), notarized wills (Notarielles Testament), and oral wills (Mündliches Testament). Each type has its own requirements and implications. An inheritance lawyer can advise on which type best suits your needs, ensuring your wishes are clearly and legally documented.

For example, a handwritten will has advantages regarding its simplicity, as they are relatively easy to create, making it a cost-effective option. They also allow the testator to enjoy a high degree of freedom to express their wishes in their own words. However, they carry a risk of ambiguity, which, in turn, can lead to disputes or misinterpretation of the testator’s intentions. They may also not be suitable for complex estates or high-value assets, as they can lead to legal challenges if not carefully written.

Notarized wills are more common, and although they involve less privacy with the need for witnesses and cost more, they provide a high level of legal certainty and are less likely to be contested in court cases. Our lawyers will advise you regarding the most suitable type of will for your case.

Legal Formalities: German law prescribes specific legal formalities and requirements that must be met for a will to be considered valid. These include the testator’s capacity, clear expression of intent, proper signing, and safeguards against coercion. Our experienced inheritance lawyers will guide you through these formalities, helping you create a legally sound will that minimizes the risk of future disputes.

Estate Complexity: If your estate is complex, with numerous assets, beneficiaries, or potential challenges, our team can provide invaluable assistance. We can draft and review your will to ensure it complies with legal requirements and offers comprehensive protection. A notarized will be the most appropriate option for high-value estates, and our lawyers can facilitate this process.

Legal Updates and Changes: German inheritance laws can change over time. Our lawyers will ensure that you are kept informed about these legal developments, meaning that your will remains up-to-date and compliant with the latest regulations. They can also advise you on minimizing inheritance tax liabilities and facilitate the periodic review of your will, particularly after significant life events.

With the guidance of our team, you can achieve peace of mind knowing that your estate is in order and your wishes are protected.

The process of writing wills becomes more intricate and complicated when the testator possesses assets in multiple countries or their beneficiaries reside in different parts of the globe. At Schlun & Elseven Rechtsanwälte, our team advises clients on the creation of international wills and ensures that they receive advice tailored to their situation.

The legal landscape for international wills in Germany is governed by “The Hague Convention on the Conflict of Laws Relating to the Form of Testamentary Dispositions“. This convention establishes rules for recognising and enforcing wills created in one country but intended to have legal effects in another. Our team is available to provide in-depth knowledge of both German inheritance law and the relevant international laws. We are ready to advise clients on the choice of law to govern their will, ensuring it aligns with their intentions and complies with the Hague Convention.

It should be noted that international wills can involve complexity due to the role of applying multiple legal systems. Such complexity can potentially lead to conflicts between the law of the testator’s home country and the law of the country where assets are located. At Schlun & Elseven Rechtsanwälte, our inheritance lawyers will highlight the potential for such conflicts, and we can support clients in navigating the choice of law to govern the will to ensure it aligns with the testator’s intentions.

For those clients with multinational assets, our legal experts can help them understand the implications of cross-border estate planning, including tax considerations, and ensure that the will effectively address these complexities. Our team is ready to advise you regarding minimising applicable tax liabilities and ensuring that they are aware of the legal requirements. Our lawyers can support them in drafting wills in compliance with German and international requirements. If the will is written in a language other than German, we can help arrange for an official translation to prevent misunderstandings.

The testator has various options for the content of the will. They can appoint as many heirs as they wish or exclude them from the succession. Such freedom allows for the testator to distribute their assets to specific individuals. This flexibility ensures that the testator’s assets are bequeathed to those they deem deserving. However, for certain family members, a complete disinheritance is not possible (except for in specific circumstances), as the heirs are entitled to a compulsory share based on legal succession. This compulsory share is designed to protect the interests of close family members, and the exact portion may vary by jurisdiction. It ensures that close relatives receive a minimum portion of the estate.

They may also order distribution provisions between the individual heirs or even make a bequest to a third party who does not belong to the legal community of heirs (e.g. a friend). Although the compulsory share exists, the testator may choose to make a bequest to a third party who does not belong to the legal community of heirs. This bequest is allowed for with friends, charities, or other organisations. Such bequests can reflect the testator’s philanthropic or personal preferences.

Testators can set specific distribution provisions between individual heirs, detailing how their assets are to be divided. This can help prevent disputes and misunderstandings among beneficiaries. In certain situations, the testator may impose conditions upon the heirs, specifying circumstances under which they must either accept or reject the inheritance. This can provide additional control over the distribution of assets, especially in cases where the testator wishes to encourage or discourage specific actions or behaviours.

As a multidisciplinary full-service law firm, we advise clients worldwide on various issues relating to German and international inheritance and estate law. Whether dealing with estate planning, succession, compulsory shares or inheritance disputes, our lawyers have excellent expertise and the necessary experience to provide you with comprehensive support. We will be happy to draft your will on your behalf, monitoring compliance with all legal provisions to ensure the legal validity of your dispositions and prevent unnecessary inheritance disputes.

In the case of inheritance, our lawyers carefully examine and interpret the will (or other declarations of the testator) to create clarity for all parties involved. Regarding inheritance disputes, it is advisable to strive for an amicable solution. Negotiations with the co-heirs always require tact and patience, but especially assertiveness. If an agreement still seems impossible, an action for the inheritance settlement can serve as a possible way out. The German law firm Schlun & Elseven Rechtsanwälte carefully examines your case and assesses your chances and risks in court so that your rights and interests as an heir are always protected.

If you have further questions regarding preparing a legally effective will and/or require individual advice, please do not hesitate to contact us directly. We look forward to working with you.