To create a will in Germany, you must draft a legally valid Testament that follows strict formal requirements under the Bürgerliches Gesetzbuch.
Any mistake in format or wording can make the will invalid or partially unenforceable.
This article covers:
Key Takeaways:
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In Germany, a will is called a Testament. It is a legally binding document that sets out how your estate should be distributed after death and must comply with formal requirements under the Bürgerliches Gesetzbuch.
Unlike in some countries, even small errors in form or wording can affect validity, making it important to understand the different types available.
There are several recognized types of wills:
Holographic will (Eigenhändiges Testament)
This is a will entirely handwritten and signed by the testator, with the date ideally included to avoid disputes over validity.
It is the simplest and most cost-effective option, but it carries a higher risk of errors, unclear language, or challenges during probate if not carefully drafted.
Notarial will (Notarielles Testament)
This will is prepared or formally certified by a notary, ensuring it complies with all legal requirements and accurately reflects the testator’s intentions.
It provides stronger legal certainty, is automatically registered, and significantly reduces the likelihood of disputes or delays during the probate process.
Joint will (Gemeinschaftliches Testament)
Typically used by married couples, this type of will allows spouses to make mutual and binding arrangements regarding the distribution of their estate.
A common version is the Berlin will, where one spouse inherits everything first, and the children inherit after the surviving spouse’s death, which can simplify succession but may have tax implications.
Each type carries different levels of legal security, cost, and flexibility, making the choice especially important for individuals with complex or cross-border estates.
Wills in Germany work by legally directing how your estate is distributed after death, but only if they comply with strict rules under the Bürgerliches Gesetzbuch.
Key principles include:
German inheritance law under the Bürgerliches Gesetzbuch governs how estates are distributed based on the order of heirs, prioritizing children and direct descendants as the first in line to inherit, followed by other relatives if no closer heirs exist.
This system limits complete freedom of distribution but ensures that close family members are financially protected.
To make a will in Germany, you must either handwrite a legally compliant Testament or have it formally executed by a notary.
Creating a valid will nvolves clear legal steps:
1. Choose the will type: Decide whether to create a handwritten (holographic) will or a notarial will, depending on your needs and complexity of your estate.
2. Write the will (if handwritten): The will must be entirely handwritten by you and include your full name, date, and signature to be legally valid.
3. Define beneficiaries and assets: Clearly identify who inherits what to avoid confusion or disputes during probate.
4. Ensure clarity and consistency: Avoid vague language, contradictions, or missing details that could lead to challenges or misinterpretation.
5. Store the will properly: Keep the will in a secure place, and note that notarial wills are automatically registered in the Central Register of Wills.
For complex estates, especially those involving multiple countries, professional advice is strongly recommended.
The simplest method is the handwritten (holographic) will.
Why it’s considered easiest in Germany:
However, ease comes with risks:
For higher-value or complex estates, a notarial will is often the safer route despite the added cost, as it ensures legal compliance and reduces the risk of disputes.
Receiving an inheritance in Germany usually takes from a few weeks to several months, based on the estate’s complexity and any legal or administrative issues.
Typical time frames:
Factors affecting timing include:
Delays are common when documentation is incomplete, unclear, or contested.
The most common and costly mistake in Germany is ignoring forced heirship rules (Pflichtteil), which can leave close relatives entitled to a mandatory portion of the estate even if you try to exclude them.
Other significant errors include:
A poorly drafted will, even if technically valid, can result in disputes, court interventions, and significant delays in the transfer of assets, highlighting the importance of careful planning and, when necessary, professional guidance.
Germany’s inheritance law protects close family members through forced heirship, guaranteeing children and spouses a minimum portion of the estate, even if the will attempts to exclude them.
This ensures family protection but limits complete freedom in asset distribution.
Several neighboring countries in Europe have similar protections, though details vary:
Key point: If you have assets or heirs across borders, understanding these rules is critical. A will valid in Germany may need adjustments to respect local inheritance laws in other jurisdictions.
Creating a will in Germany is as much about shaping relationships and expectations as it is about legal compliance.
A carefully planned testament can prevent family tensions, provide clarity about your intentions, and reduce uncertainty during the probate process.
For those with complex assets, international holdings, or blended families, foresight becomes essential to avoid disputes and delays.
By approaching inheritance strategically and seeking professional guidance when needed, a will becomes more than a legal formality.
It becomes a tool for lasting certainty, fairness, and peace of mind for both you and your heirs.
If there is no will in Germany, assets are distributed according to statutory inheritance rules under the Bürgerliches Gesetzbuch.
Priority goes first to children and descendants, then the spouse, followed by parents and siblings, in a fixed legal order.
Germany follows a civil law system, where codified statutes, primarily the Bürgerliches Gesetzbuch, form the basis of all legal decisions.
Courts interpret and apply these written laws rather than create new law, making legal outcomes generally predictable and consistent.
In Germany, spouses can inherit up to €500,000, children up to €400,000, grandchildren up to €200,000, and other heirs typically up to €20,000 tax-free.
Any amount above these thresholds is subject to progressive inheritance tax rates.
You do not need a solicitor or notary for a valid handwritten will in Germany.
Professional advice is recommended for large or complex estates, international assets, dispute prevention, or tax planning, and a notarial will can help minimize legal challenges and probate delays.