Formal requirements

In Germany, there are basically two ways to make a will:

• Public notarized will

• Handwritten private will
  

There are also various so-called "emergency wills" if neither a private will nor a public will is possible.

Handwritten private will

Any adult can make a private will. This must be in writing. This means that it must be written and signed by the testator personally and in full by hand.

A signed computer printout is not sufficient and is invalid!

It is also recommended that the will is dated. Although this is not a requirement for it to be effective, as a newer will usually takes precedence over an older will, proper documentation of the date on which it was drawn up is often essential.

Spouses can draw up a joint private will for a spouse. In this case, it is sufficient for one spouse to write and sign the will in full, while the second spouse also signs it. For example, a Berlin will can be drawn up.

Otherwise, the will does not require any special formal requirements. It can begin with a heading such as "Testament" or "My last will", but it does not have to. It is also not absolutely necessary to use the exact legal terminology (for example, a clear distinction between advance legacy, advance legacy and subsequent legacy), as long as the actual will of the testator can be determined through interpretation. Nevertheless, it should of course be in the testator's interest to leave as little room for interpretation as possible when interpreting his will so that the actual will is actually implemented. Advice from a specialist lawyer in inheritance law is generally advisable for this.

Example of a "simple" will: "My daughter shall receive everything. Signed by the father".

Public notarized will

In addition to a private will, a public notarized will is also possible. In this case, the will is drawn up before a notary and notarized by the notary. This is particularly suitable for more complex wills. In addition, the notary makes sure that the testator has testamentary capacity when drawing up the will. Probate courts regularly point out that a notary does not (normally) have any specialist medical expertise, meaning that it is not possible for them to make a binding determination of testamentary capacity.

Nevertheless, it should be beyond dispute that the involvement of a notary lends significantly greater emphasis to the seriousness of the will. Whether a notarial will or a private will is chosen in a specific case will also be a question of price. Notary fees are based on the value of the estate. On the other hand, it should not be forgotten that proof of inheritance in the form of a certificate of inheritance will usually be required for succession by private will, whereas a notarized will is sufficient.

Which type of will is preferable for the testator should therefore be clarified on a case-by-case basis with a specialist inheritance lawyer.

Emergency will

In extreme situations where it is feared that the testator will not be able to draw up a notarized will in time before their death, they can alternatively draw up a will before the mayor of the municipality in which the testator resides (Section 2249 BGB). However, it is doubtful whether this is actually possible at short notice.

In practice, it is more relevant to draw up a will in front of three witnesses (Section 2250 BGB). This can be done orally if the testator is in a place where they cannot draw up a notarized will or a mayor's will in time. Finally, according to Section 2251 BGB, an emergency will can be declared orally in front of three witnesses if the testator is on a sea voyage on board a German ship outside a German port at the time of making the will.

It should be noted that an emergency will is only valid for a limited period of time. If the testator lives for more than three months after drawing up the will, he or she must draw up a new will, as emergency wills lose their validity.

Our experienced specialist lawyers for inheritance law and tax law in Frankfurt and Berlin will be happy to advise you.