Inheritance Law

Making a Will in Germany

Making a will in Germany is an important step in ensuring that your assets are distributed according to your wishes and that your loved ones are taken care of after your death. Writing a will provides clarity and legal certainty, preventing potential disputes between heirs and simplifying the inheritance process.

While a lawyer is not always required to draft a will in Germany, drafting a will with the assistance of an experienced probate and real estate lawyer can be invaluable, especially if your estate includes significant assets or international elements. Professional legal advice will ensure that your will is not only valid, but also optimises tax planning and complies with German law.

We help you draft a legally binding will that reflects your intentions clearly.

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Making a Will in Germany

There are two main types of will in Germany: a holographic will (handwritten) and a notarised will. Both are legally recognised, but they have different formal requirements.

A holographic will (Eigenhändiges Testament) must be entirely handwritten by the testator (the person making the will). Typed or printed wills are not valid unless they are notarised.

The will must be signed by the testator, including the testator’s full name, and the signature should be placed at the end of the document. It is important to include the date (day, month and year) and place where the will was written. This will help to identify the most recent version if there are several wills.

The wording should be clear about who inherits what, as any ambiguity could lead to legal disputes.

A notarised will (Notarielles Testament) is drawn up with the help of a notary. You can either make your will orally to the notary or submit a written document for authentication.

The notary ensures that the will meets all legal requirements.

A notarised will is safer, harder to contest and automatically valid. It is also registered with the Zentrales Testamentsregister and kept by the notary.

Germany has strict rules on inheritance, some of which need to be taken into account when making a will.

Certain close relatives, such as children, spouses and in some cases parents, are entitled to a compulsory portion of the estate. You cannot completely exclude these people unless there is a legal reason (such as serious misconduct). Even if they are disinherited in the will, they can claim a portion (usually 50%) of their legal share.

When you need the help of a lawyer for will writing

While it is not strictly necessary to hire a lawyer to write a will in Germany, there are several circumstances where seeking legal assistance may be beneficial or even necessary to ensure that your will is valid and properly reflects your wishes.

Consulting an inheritance law firm in Berlin will help ensure that your wishes are followed and reduce the risk of legal complications for your heirs.

Here are some situations where the help of a solicitor may be useful.

  • Complex family or financial situations: If you have a complex family structure, such as children from different marriages, or if you wish to disinherit someone, a lawyer can ensure that your will is legally sound and less likely to be contested. Similarly, if your estate includes significant or complex assets (such as businesses, property or foreign assets), legal advice can help you navigate the tax implications and inheritance laws.
  • Prevent disputes and challenges: If there’s a risk that your will may be contested (for example, due to disagreements between heirs), a lawyer can help reduce the likelihood of disputes. They can ensure that the wording is clear and legally enforceable, making it harder for others to challenge.
  • International elements: If you or your heirs are of foreign nationality, or if your assets are overseas, legal advice is essential. A lawyer can help you address potential conflicts between the laws of different countries and ensure that your will is enforceable in all jurisdictions.
  • Disinheriting heirs: Under German law, close relatives such as children and spouses are entitled to a compulsory portion, even if they are disinherited. If you wish to disinherit someone or reduce their share, legal advice is necessary to ensure that the process is handled correctly.

How can we help you with your will writing

We provide comprehensive advice on German inheritance law to help you understand your rights and obligations when making a will. We’ll make sure you’re aware of key legal requirements, such as how to legally dispose of your assets, and clarify how family members and spouses are protected under German law.

Our firm can provide comprehensive assistance to clients in the drafting, planning and administration of their wills and estates, ensuring peace of mind and legal certainty for both clients and their heirs.

  • Drafting wills: Our solicitors will assist you in drafting your will to ensure clarity and legality. We tailor the will to your specific circumstances, whether it’s a holographic will (handwritten) or a notarised will (drawn up with a notary). We help you structure your estate, name heirs, appoint executors and include specific clauses that suit your situation. Our aim is to ensure that your will is clear and legally sound to avoid future disputes.
  • Estate planning and tax optimisation: We offer estate planning services that go beyond simply drafting a will. Our lawyers help you strategically manage and distribute your assets to minimise estate taxes for your heirs. We advise on tax exemptions, charitable bequests and other tax-saving measures to ensure that your estate plan maximises benefits for your loved ones while complying with German inheritance tax laws.
  • International Inheritance Advice: If you or your heirs have assets or connections abroad, our expertise in international estate law ensures that your will is enforceable in multiple jurisdictions. We can help you navigate conflicts between German and foreign succession laws and ensure that cross-border assets are handled correctly, avoiding legal problems for your heirs.
  • Disinheritance and inheritance claims: Disinheriting close family members, such as children or spouses, can be legally challenging due to their right to a compulsory portion under German law. Our legal team can help you manage and structure disinheritance in a way that meets your wishes while minimising potential litigation. We also advise on how to minimise compulsory portion claims through legitimate estate planning strategies.
  • Establishment of testamentary trusts: We help clients establish testamentary trusts, which can be used to protect the inheritance of minors, people with disabilities or other vulnerable beneficiaries. Our lawyers will guide you in structuring the trust, appointing a trustee and determining the terms under which assets will be distributed, ensuring that your estate is managed according to your wishes.
  • Reviewing and updating existing wills: Life events such as marriage, divorce, the birth of children or significant financial changes can affect the validity or relevance of your will. We offer services to review and update existing wills to ensure they remain accurate and reflect your current circumstances. Our solicitors will make any necessary changes and advise on how best to preserve your legacy.

How to keep your will safe

Keeping your will safe in Germany is essential to ensure that it can be easily found and properly executed after your death.

There are several ways to keep your will safe, each with its own level of security and accessibility.

In all cases, it’s a good idea to:

  • Notify your heirs or executors: Make sure your heirs or executor know where the document is kept. It’s important to keep it safe, but it’s also important to be able to find it easily if needed.
  • Update your will regularly: Life changes and your will should reflect your current wishes. If you make a new will, make sure you update any old versions or remove them from storage.
  • Consider legal advice: To ensure maximum security and legal effectiveness, consulting a solicitor or notary can help you choose the best method of storing your will in Germany.

Here’s how to keep your will safe.

Deposit the Will with the Local Probate Court

You can deposit your will with your local probate court for safekeeping. This is one of the safest methods as the will is officially registered and kept in a safe place.

The court will register the will with the Zentrales Testamentsregister, which is administered by the Bundesnotarkammer. When you die, the court is automatically notified and opens the will to begin the probate process.

This procedure is highly secure and reduces the risk of the will being lost or tampered with. The will is automatically available to the right authorities if needed.

Create a Notarial Will (Notarielles Testament)

A notarial will is drawn up and certified by a notary. The notary keeps the original and registers it with the Central Will Registry.

A notarial will has the added advantage of being immediately valid and it eliminates the risk of challenges to the authenticity or validity of the document. The will is kept securely by the notary and is automatically retrieved by the probate court when you die.

The will is automatically executed without having to be located.

Register with the Central Will Registry (Zentrales Testamentsregister)

The Zentrales Testamentsregister (Central Will Register), administered by the Bundesnotarkammer (Federal Chamber of Notaries), is a national register where wills deposited with courts or notaries are recorded.

As soon as you deposit your will with a probate court or have a notarial will drawn up, it is automatically registered with the Central Wills Register. The register ensures that your will can be easily found after your death.

Private Safekeeping (Home or Bank Safe)

You can keep your will in a secure place in your home (such as a safe) or in a bank safe-deposit box.

While this gives you personal control over the will, there are risks. If the will is misplaced, damaged or inaccessible after your death (for example, because others cannot access your safe deposit box), it may delay the probate process or cause legal complications.

This method is less formal, less expensive and gives you immediate access to your will if you want to make changes. However, if the will is kept in a bank safe deposit box, your heirs may have difficulty accessing it immediately after your death. And if it is lost, stolen or destroyed, it may not be found when it is needed.

Give a Copy to a Trusted Person

You can give a copy or the original of your will to someone you trust, such as your solicitor, executor or a close family member.

Make sure that the person you give it to understands the importance of keeping it safe and knows how to handle the document when the time comes.Make sure that the person you give it to understands the importance of keeping it safe and knows how to handle the document when the time comes.

Use Professional Will Storage Services

Some law firms and professional services offer specialist will storage services. These services provide secure storage and often register the will with the Central Register of Wills.

Your will will be securely stored in a designated location and, on your death, the service provider will ensure that the will is delivered to the probate court or executor.

How to make sure your will is legal

To ensure that your will is valid in Germany, you must comply with certain formal requirements and principles of German inheritance law.

  • The will must be legally recognised (holographic will or notarial will), dated and signed with your full name.
  • You must be at least 18 years old to make a valid will in Germany.
  • You must be of sound mind and fully aware of the implications of your decisions.
  • The will must comply with Germany’s strict rules on inheritance, particularly the compulsory portion.
  • Make sure your will is written in clear and unambiguous language. Avoid vague or contradictory language. If you want a particular asset to go to a particular person, say so.
  • Name your heirs clearly and state what each will inherit. Be as specific as possible to avoid confusion or legal challenges.
  • Register your will with the Zentrales Testamentsregister.

Although it is possible to draft a will without legal assistance, seeking the advice of a lawyer specialising in inheritance law can help ensure that your will complies with German law and properly reflects your wishes.

This is particularly important if your situation is complex, for example if you have assets abroad, wish to disinherit someone or have a blended family.

How to update or change your will

Updating or amending your will is easy in Germany, but it’s important to follow the correct legal procedures to ensure that your revised will is valid and enforceable.

Regular updates will help ensure that your will always reflects your current wishes and circumstances, and it’s a good idea to review your will regularly, especially after major life changes such as:

  • Marriage or divorce.
  • Birth of children or grandchildren.
  • Acquisition of new property or assets.
  • Changes in your financial situation.
  • Death of a beneficiary or executor.

The most common way to update or amend a Will is to revoke the old Will and make a new one. If you want to make significant changes to the terms of your will, making a new will from scratch is the safest and most effective method. Under English law, when a new will is made, it generally overrides and invalidates previous wills, unless expressly stated otherwise.

Make it clear at the beginning of your new will that it revokes all previous wills. For example, you could write: “I hereby revoke all my previous wills and codicils.” Or, if you prefer a more straightforward approach, you can physically destroy the old will (e.g. by tearing it up) to avoid any confusion or dispute. However, it is still advisable to formally revoke it in writing.

If you want to make minor changes to your will, such as adjusting the inheritance for an heir or adding a new asset, you can make a codicil. A codicil is a legal document that amends the existing will without revoking the entire document.

Once you have updated or amended your Will, make sure that the relevant parties (e.g. heirs, executors, legal guardians) are informed of the changes. This will help to avoid any confusion or disputes at a later date.

If your previous will was deposited with a probate court or registered with the Zentrales Testamentsregister, make sure you update the register with your new or amended will. This will ensure that the correct version is consulted on your death.

It’s a good idea to consult a lawyer who specialises in estate planning if your changes are complex or if you have any concerns about inheritance law.

* The information on this website is for illustrative purposes only. It does not constitute legal advice and is not a substitute for personal legal advice from a lawyer. Each case is unique, has special circumstances and should be reviewed in detail by a lawyer who is able to review the specific situation.

Plan for Tomorrow, Today

Writing a will is about more than deciding who gets what – it is about ensuring that your estate is distributed in accordance with your wishes and minimising legal complications for your heirs.

Our firm specialises in estate planning and provides personalised, expert advice to ensure your will is legally sound and tax efficient. With us, you can rest assured that your family and loved ones will be taken care of.

Contact us today to start planning for tomorrow. Let’s make sure your will protects your legacy.

Our team will ensure that your will is clear, valid, and enforceable under German law.

Call the Office (M-F: 9am-6pm)
+49 (0)30 88702382

Contact us via email
[email protected]

Don’t leave your family’s future to chance. Contact us today to start writing your will with the support of our dedicated legal team.

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