What Types of Last Will and Testament Are there in Germany?

By definition, a will is a testamentary disposition by which a testator designates heirs, favors them or excludes them from the legal succession. A will can be used to make arrangements in the event of inheritance that deviate from the legal order of succession.

Conversely, this means that If a person does not draw up a will during their lifetime, the statutory succession applies in the event of death. There are various types of wills in Germany. This article will give you an overview of the types of wills that exist in Germany. It also explains the differences and formal requirements of each type of will. However, the type of will that best reflects your wishes can only be clarified in a personal consultation with a specialist lawyer.

Testamentary freedom and its limits

Regardless of the form of will chosen, a will always serves to deviate from the legal order of succession. Future testators can therefore use a will to make individual arrangements for their estate. This includes provisions that favor or disadvantage individual heirs. This is because, within certain limits and under certain conditions, future testators can disinherit legal heirs in whole or in part.

The following are among the points that future testators can regulate in their will:

• Heirs: In addition to the persons who are defined as heirs according to the legal order of succession, friends and distant relatives as well as churches, associations and charitable organizations can also be appointed as heirs.
• Executor: Appointing an executor ensures that the last will and testament is actually enforced.
• Disinheritance: Persons who are designated as heirs according to the statutory order of succession can be partially or – under certain very strict conditions – completely disinherited. As a rule, however, disinherited persons almost always receive the compulsory portion. The legal hurdles for complete disinheritance are very high and are usually only met if the heir has committed a serious crime against the testator.
• Substitute heirs: A substitute heir inherits if an heir does not accept the inheritance and rejects it.

However, the freedom to make a will also has its limits. In particular, this means that a will:

• must not violate legal regulations,
• formal requirements must be met and
• must not contain any immoral content.

Forms of wills: Types of Last Will and Testaments in Germany

There are various types of wills in Germany, which differ in terms of content and formal requirements. Here you will find an overview of the main types of wills and special forms.

The personal or holographic will

The so-called “handwritten will” – also known as a “personal will” or “private will” – is widespread. This is because such a will can be drawn up by anyone at home at any time. In principle, there are therefore no costs involved in drawing up this type of will. It is also possible to amend a handwritten will at a later date at any time. The legal regulations on handwritten wills can be found in Section 2247 BGB (2024). It can be assumed that this is the most common form of will.

These formal requirements must be followed for a “handwritten will”:

• The entire will must be handwritten. A mixture of computer printouts, copies and handwritten parts is also inadmissible.
• The will must contain the date and place where it was drawn up.
• The will must be signed by the future testator with their first name and surname. If the will comprises several pages, each page must be signed.
• The will can be kept at the testator’s home or with a trusted person. Optionally, the handwritten will can be placed in special official safekeeping at the local court.

Note: If you want to make sure that your will complies with legal and content-related requirements, have it checked by a specialised lawyer.

The public or notarized will

The possibility of drawing up a notarized or public will is regulated in Section 2232 of the German Civil Code (2024). Here, the testator or testators draw up a will with the help of a notary. Notarization before a notary can take place in two ways:

1. The testamentary will is expressed orally to the notary public
2. A record of the last will and testament can be handed to a notary.

The notarized will can either be kept in the notary’s office or deposited with the local court.

These are the special features of a notarized will:

• The notary is legally obliged to research the will of the testator(s) and to draw up the testament in such a way that it is legally secure.
• The will must not be kept (exclusively) at home. Therefore, it cannot be lost.
• In the event of death, the heirs are automatically notified of the inheritance.
• Preparing a notarized will is always subject to a fee.

The joint will

With a joint will, two people can regulate their estate in one will. A joint will can be used by married couples and registered civil partners. The legal regulations on joint wills can be found in Section 2267 BGB (2024). A joint will is often confused with an inheritance contract. The most important difference between a joint will and a contract of inheritance is that the disposition (will) only applies from the death of the first deceased. A joint will can be handwritten or notarized.

The most important points on joint wills:

• A marriage or registered partnership is a prerequisite for the creation of a joint will at the time the will is drawn up.
• After the death of the first deceased, the joint will can no longer be amended.
• If the marriage or registered partnership is dissolved, the joint will also becomes invalid.
• For a handwritten joint will, it is sufficient for one person to write the will by hand. However, both persons must sign the will. In addition, the co-signatory should add the date and place of signature to their own signature.

The Berlin will as a special form of joint will

The so-called “Berlin will” is a special form of joint will. The term is probably explained by the fact that it is a form of will that was already used in Prussian Berlin. In this form of joint will, the two spouses or partners in a registered partnership appoint each other as sole heirs. On the death of one person, the entire estate passes to the surviving person. This person becomes the first heir. Only after the death of the second person does the inheritance pass to the subsequent heir. As a rule, married couples or partners in a registered partnership with children use this form of will. The children are then usually the subsequent heirs. The Berlin will can also be handwritten or drawn up in a notary’s office.

These special features apply to a Berlin will:

• The spouses or partners in a registered partnership must expressly appoint themselves as sole heirs.
• The final heirs must be expressly named in the will.
• In purely legal terms, the final heir s are already entitled to a compulsory portion after the death of the first deceased, to which they are entitled by law. In practice, the last heirs usually waive their right to claim the compulsory portion. They then inherit in full after the death of the second person.

The contract of succession

Inheritance contracts and joint wills are often confused or used as synonyms. Even though both serve to regulate the last will and testament of two people and have numerous similarities, there are serious differences. As a joint will requires a registered partnership or marriage, many unmarried couples use a marriage contract to jointly regulate their estate.

Special features of an inheritance contract are:

• An inheritance contract must be concluded with a notary.
• Both contracting parties must be present.
• In an inheritance contract , the inheritance can be linked to certain conditions.

The emergency will

Section 2249 of the German Civil Code (2024) contains the regulations on the so-called “emergency will”. As the name suggests, an emergency will may only be used in special emergency situations. Such a situation exists, for example, if the testator is in a life-threatening situation and it can be assumed that he or she will no longer be able to draw up a will. The emergency will therefore loses its validity if the testator is still alive three months after the emergency will was drawn up.

The following special features apply to emergency wills:

• The emergency will can be declared verbally and written down by another person. This recording person does not have to be a notary.
• The will must be read to the testator after it has been written down.
• An emergency will must be drawn up in the presence of three witnesses. All witnesses must sign the will.

Important: This article can only provide an initial overview of the different types of wills in Germany. If you are planning to settle your estate or revise an existing will, it is advisable to seek advice from a specialist lawyer or a notary’s office. In this way, you can be sure that the best form of will is found for you and that the will is drawn up in a legally compliant manner.