How Do I Ensure a Handwritten Will is Recognized in Germany?

A handwritten will can be legally valid in Germany, but it must meet specific requirements under German law to be recognized and enforceable. Here’s what you need to know to ensure its validity:

 
1. Verify the Formal Requirements
Under German inheritance law, a handwritten will (eigenhändiges Testament) must comply with the following:

• Entirely handwritten: The entire will must be written by the testator’s hand. Typed or printed documents are not valid unless they are notarized.
• Signed: The testator must sign the will with their full name at the end of the document. The signature should ideally include the place and date of creation.
  
• Dated: Although not mandatory, including the date helps determine the most recent version if multiple wills exist.
   
  2. Assess the Will’s Clarity and Content
  The will must clearly reflect the testator’s wishes. It should:
• Identify the beneficiaries and specify what they inherit.
  
• Include clear language to avoid ambiguities or misinterpretations.
  
• Indicate if it replaces previous wills or codicils (modifications).
   
  3. Secure the Will’s Authenticity
  The will’s validity depends on its authenticity. If disputes arise, the following may be necessary:
  
• Handwriting verification: Expert analysis may confirm that the handwriting matches the testator’s.
  
• Witnesses: While witnesses are not required for a handwritten will in Germany, having individuals who can verify the will’s authenticity can help in contested cases.
   
  4. Submit the Will to the Probate Court
  After the testator’s death, the will must be submitted to the local probate court (Nachlassgericht) where the testator resided. The court will:
• Validate the will’s formal requirements.
  
• Ensure it adheres to German inheritance law.
  
• Issue a certificate of inheritance (Erbschein) if needed, to enable the beneficiaries to access the estate.
   
  5. Address Potential Challenges
  Even if the will is valid, issues can arise, such as:
• Disputes: Family members may contest the will, claiming it doesn’t reflect the testator’s true intentions.
  
• Conflicts with mandatory shares: German law guarantees certain relatives (e.g., children and spouses) a mandatory share (Pflichtteil) of the estate, which may override the will in part.
  
• In these cases, legal support is often necessary to navigate disputes and protect the testator’s wishes.

 
6. Consider Translation Needs
If the handwritten will is in another language, a certified German translation may be required for the probate process. Ensure the translation is accurate and preserves the will’s meaning.

 
7. Preserve the Will Safely
To ensure the will is found and submitted after the testator’s death:

Store it in a safe and accessible location.
Consider depositing it with a probate court during the testator’s lifetime. In Germany, this service is available for a small fee and ensures the will is secure and easily accessible when needed.
 
8. Seek Professional Advice
If you’re uncertain about the will’s validity or foresee potential challenges:

• Consult a German inheritance lawyer to verify the will’s compliance with legal requirements.
  
• Engage a notary if additional formalities are needed for specific circumstances.
   
  Final Note: A properly prepared and preserved handwritten will can effectively honor the testator’s wishes in Germany. Ensuring it meets all legal requirements and is securely stored can save beneficiaries significant complications and disputes.