Making a will:
How to arrange your estate correctly.
Handwritten or notarial? Individual will or Berlin will? This guide explains the formal requirements, the most common mistakes and the costs – factually and clearly. For personal arrangements, we are available to you in Limburg and Montabaur.
Why make a will at all?
Without a will, statutory succession applies. This often leads to results that the testator never intended: the spouse inherits only a share alongside the children, patchwork family constellations are not accounted for, and unmarried partners receive nothing at all. This creates communities of heirs in which all decisions – for example, regarding the family home – can only be made jointly. A will creates clear circumstances and prevents disputes.
Handwritten or notarial will
The handwritten will (§ 2247 BGB) must be entirely handwritten and signed – a text typed on a computer and merely signed is invalid. The place and date should always be stated. The greatest risks in practice are: unclear wording that later requires interpretation, doubts about authenticity or testamentary capacity – and wills that simply are not found.
The notarial will (§ 2232 BGB) is declared before the notary and certified by them. It offers tangible advantages: the notary advises on legally sound drafting, checks testamentary capacity, ensures clear wording, and arranges for official custody at the probate court as well as registration in the Central Register of Wills – the will is guaranteed to be found and opened in the event of inheritance. Above all, in most cases it replaces the Certificate of inheritance: banks and the land registry generally accept the notarial will together with the opening record. This saves heirs time and often significant costs, as certificate of inheritance proceedings can quickly cost more than the certification, depending on the value of the estate.
The joint ("Berlin") will
Spouses and registered civil partners may draw up a joint will. In the classic "Berlin will", the partners name each other as sole heirs, with the children inheriting only after the death of the survivor. It is important to know that reciprocal provisions acquire binding effect (§ 2271 BGB) after the first inheritance event – the surviving partner can then generally no longer amend the will unilaterally. Whether and which opening clauses make sense, and how the children's compulsory portion claims can be managed at the first inheritance event (e.g. via compulsory portion penalty clauses), are among the key questions in drafting.
Common mistakes – and how to avoid them
- Unclear terms: "My assets shall be distributed fairly" is not an appointment of heirs. Who inherits what – heir, legacy, condition – must be clear.
- No substitute heir: If the beneficiary dies before the testator, statutory succession applies instead.
- Failure to revoke an earlier will: Several wills existing side by side create disputes over interpretation. A later will should expressly revoke earlier ones.
- Overlooking binding effect: After the death of the partner, a joint will can usually no longer be amended – even if circumstances have changed completely.
- Ignoring the compulsory portion: Disinherited close relatives retain their compulsory portion claim. Anyone who fails to plan for this leaves the heirs with a liquidity problem – particularly in the case of real estate.
- Not updated: Marriage, divorce, birth, property purchase – the will should reflect current circumstances.
What does a notarial will cost?
Notary fees are set uniformly nationwide in the Court and Notary Costs Act (Gerichts- und Notarkostengesetz, GNotKG) and are based on the value of the estate. A fee of 1.0 applies to an individual will, and a fee of 2.0 to a joint will or inheritance contract – for an estate of €100,000, this amounts to €273 or €546 respectively, plus expenses and VAT. Official custody at the probate court costs a one-off fee of €75, and registration in the Central Register of Wills costs €12.50. In return, the more expensive certificate of inheritance is usually no longer required.
Briefly answered
Is a handwritten will without a notary valid?
Yes – if it is entirely handwritten and signed (§ 2247 BGB). A typed text is invalid, even with a signature. The place and date should be stated. The risk lies less in the form than in the content: unclear wording often leads to years of dispute when the inheritance occurs.
Does a notarial will really replace the certificate of inheritance?
In most cases, yes: the land registry and banks regularly accept the certified copy of the notarial will together with the probate court's opening record. The certificate of inheritance proceedings – with costs and a waiting time of several weeks to months – are then unnecessary.
Can I change my will later?
You can revoke or re-draw up an individual will at any time – the most recent valid will applies. In the case of a joint will, binding effect arises after the death of the partner: reciprocal provisions can then generally no longer be amended unilaterally. While both partners are alive, revocation is possible, but must be notarially certified and served on the other partner.
What happens to my will after certification?
The notarial will is placed in the official custody of the probate court and registered in the Central Register of Wills of the Bundesnotarkammer. In the event of death, the probate court is automatically notified and opens the will – it can neither be lost nor suppressed.
Do I also need a lasting power of attorney?
The will only takes effect upon death. In the event that you become unable to act during your lifetime due to accident or illness, you will additionally need a power of attorney for healthcare and welfare and a living will – otherwise the court will appoint a guardian. Both can sensibly be drawn up together with the will.
Your will – notarised with legal certainty.
Describe your plans in advance conveniently using the digital data sheet; we will prepare the appointment.