Making a Will in Germany: Forms, Content and Tips for Expats

Without a will, German statutory succession decides who inherits. For many families, especially international ones, this does not fit: unmarried partners inherit nothing, and the spouse shares the estate with children or parents. A will (Testament) lets you decide yourself.

German law offers two forms and some special options for couples. This guide explains how to make a valid will and what to consider as an expat.

The Handwritten Will

A handwritten will (eigenhändiges Testament) is valid if:

• the entire text is written by hand,
• it is signed with your full name at the end,
• it ideally states the place and date.

It costs nothing and can be made at any time. The risks: unclear wording, loss, or the will not being found. You can deposit it with the local court for a small fee, which also registers it in the central will register.

The Notarial Will

A notarial will (notarielles Testament) is recorded by a notary. Advantages:

• Advice. The notary explains the legal consequences and drafts clear wording.
• Safekeeping. The will is deposited with the court and registered.
• Proof of inheritance. For many purposes, a notarial will together with the court's opening record is sufficient proof. Your heirs often do not need a certificate of inheritance, which can save more than the notary's fee.

The fee depends on the value of your estate.

What to Include

• Heirs. Who receives the estate or which share. Name them clearly.
• Legacies (Vermächtnisse). Specific items or amounts for particular people, such as a car or a sum of money.
• Substitute heirs. Who inherits if an heir dies before you.
• Executor (Testamentsvollstrecker). Someone to manage and distribute the estate.
• Guardian. Whom you would want as guardian for minor children.
• Choice of law. If you want the law of your nationality to apply.

Limits: The Compulsory Portion

You can disinherit close relatives, but children, your spouse and, if you have no children, your parents can still claim a compulsory portion: half of their statutory share in money. See the compulsory portion.

Joint Wills for Couples

Spouses and registered partners can make a joint will. The most common form is the Berlin will, in which the spouses appoint each other as sole heirs and the children as final heirs. It becomes binding after the first death. See the Berlin will.

Unmarried couples cannot make a joint will. They can make separate wills or an inheritance contract at a notary.

Changing or Revoking a Will

You can change or revoke your own will at any time, by a new will, by destroying it or by taking it out of official safekeeping. Joint wills and inheritance contracts are binding in certain respects and cannot simply be changed by one partner.

Points for Expats

• Choice of law. If you live in Germany, German law applies to your estate unless you choose the law of your nationality in your will.
• Wills made abroad. A will made in your home country is usually valid in Germany if it meets the formal requirements of that country.
• Language. A handwritten will can be written in any language. For notarial wills in a foreign language, an interpreter is involved.
• Inheritance tax. Your will affects who pays how much tax. See inheritance tax in Germany.

Frequently Asked Questions