Will

Will - A will is a unilateral, revocable disposition of property upon death, through which a person (the testator) determines what is to happen to their estate after their death. It supersedes statutory succession in whole or in part and is governed by Sections 2064 through 2273 of the German Civil Code (BGB).

Forms, Form Requirements, and Capacity to Make a Will

German law recognizes two main forms of will. The holographic (handwritten) will must, pursuant to § 2247 BGB, be written entirely by hand and signed personally. The place and date should be indicated, but are not mandatory for validity-however, their absence may lead to interpretation issues if there are multiple wills. A typewritten or computer-generated document is invalid as a holographic will, even if it is signed.

The notarial (public) will is drawn up by a notary pursuant to § 2232 BGB. The testator declares their last will to the notary orally or submits an open or sealed document. The notary verifies the testator’s capacity to make a will, advises on legal consequences, and ensures legally sound wording. The notarial will is immediately transferred to official custody at the competent local court and registered in the Central Register of Wills of the Federal Chamber of Notaries. It generally replaces a certificate of inheritance, which speeds up land registry corrections and saves costs in cases of real estate inheritances.

According to § 2229 of the German Civil Code (BGB), any person who has reached the age of 16 is capable of making a will, provided they are able to understand the meaning and implications of their declaration. If there is doubt regarding testamentary capacity-for example, in cases of dementia-a will may be contested; therefore, a medical certificate confirming testamentary capacity at the time of execution is advisable for older testators.

In addition to the main forms, there are special forms: The emergency will before the mayor (Section 2249 BGB), the will made before three witnesses in the event of imminent danger of death (Section 2250 BGB), and the maritime will (Section 2251 BGB). These lose their validity three months after the emergency situation has ceased and the testator would again be capable of drawing up a regular will.

Revocation, Statutory Shares, and Probate

A will may be revoked at any time-by drawing up a new will, by an express declaration of revocation, or by destroying the document (Sections 2253 et seq. BGB). Please note that even a joint will (spousal will under § 2265 BGB) is only revocable to a limited extent after the death of the first spouse, insofar as it contains reciprocal dispositions-such as the common “Berlin will,” in which the spouses appoint each other as sole heirs and the children as residual heirs.

Regardless of the will’s contents, close relatives-children, spouses, and, under certain circumstances, the testator’s parents-have a statutory right to a compulsory portion amounting to half of the statutory share of the inheritance (Section 2303 BGB). This claim is a purely monetary claim against the heirs and cannot be revoked by the will, except within the narrow limits of the deprivation of the statutory share under § 2333 BGB.

After the testator’s death, the will is opened by the probate court (Section 2260 BGB). Handwritten wills that are not in official custody must be delivered to the probate court immediately by anyone who finds them (Section 2259 BGB).

Practical Tip for Nuremberg and the Metropolitan Region

In the Nuremberg metropolitan area, we frequently see that property owners have not drawn up a will, and the property then falls into a community of heirs-with all the associated conflicts and obstacles regarding administration or sale. We recommend that property owners in Nuremberg, Fürth, Erlangen, and the surrounding area draw up a notarized will at an early stage that contains clear provisions regarding the property: Who should inherit the property, should other heirs be provided for through bequests or equalization payments, and is a usufruct or right of residence intended for the surviving spouse? The costs for a notarized will are based on the value of the estate (Court and Notary Fees Act) and are generally significantly lower than the subsequent costs of a certificate of inheritance.

Handwritten wills should always be placed in official custody at the Nuremberg Local Court (fee: 75 euros) so that they can be reliably located and opened after the death.

Frequently Asked Questions

Do I need a notary for a handwritten will?

No. A holographic will is valid without notarial involvement, provided it is written entirely by hand and signed. However, there are risks involved: unclear wording, lack of knowledge of the legal situation, or formal errors can result in the will not achieving the desired effect or being contestable. For larger estates-especially those involving real estate-we recommend the notarized form, as it includes expert advice and can serve as a substitute for a certificate of inheritance.

Can I disinherit my children in my will?

In principle, yes-the testator is free to determine who inherits and who does not. However, disinherited children retain their statutory right to a compulsory portion amounting to half of their legal share of the inheritance. If real estate constitutes a significant portion of the estate, this may result in the named heirs having to pay out the compulsory portion in cash, which may necessitate the sale of the property. A complete disinheritance of the statutory share is only possible in extremely exceptional cases.

What happens to my will if I do not file it with the local court?

A holographic will kept at home is generally valid. However, there is a risk that it will not be found after death, will be accidentally destroyed, or will be withheld by third parties. In such cases, statutory succession applies, and the testator’s last will is disregarded. Official deposit with the local court and registration in the Central Register of Wills ensure that the will is reliably opened upon the testator’s death.

Back to the Real Estate Glossary.