How to Safely Store Your Will in Germany
In Germany, securely storing your will is crucial to ensure your estate is distributed according to your wishes. A handwritten will, known as an eigenhändiges Testament, is legally valid if it is entirely written by hand, dated, and signed. However, where and how you store it can significantly impact its effectiveness.
The most reliable option for storing a will in Germany is depositing it at the Nachlassgericht, the probate court. This method ensures the will is protected, automatically accessible upon your death, and legally recognized. To deposit your will, you need to visit the probate court in your local district with the handwritten document and a valid ID. The cost for this service is around 150 euros, which includes registration in the central wills registry (Zentrales Testamentsregister). This small investment provides lifelong protection and peace of mind.
If you prefer professional assistance, you can also store your will with a notary. Notaries are particularly helpful for complex arrangements involving international assets or tax issues. While this service might be more expensive than the Nachlassgericht, it offers the added benefit of expert guidance to ensure your will is error-free and securely stored.
Why Google Isn’t Enough
3.1 Misplacement: A will stored informally, such as at home, can easily be forgotten, overlooked, or even lost over time.
3.2 Legal Disputes: A will that isn’t officially stored may lead to challenges, especially if conflicting versions exist or if someone questions its validity.
3.3 Destruction: Unfortunately, inheritance disputes sometimes lead to a will being hidden or destroyed by those who disagree with its terms.
By depositing your will with the Nachlassgericht, you eliminate these risks. The court not only keeps the document safe but also ensures it is automatically retrieved when needed, as the civil registry notifies the court upon your passing.
While the process of depositing your will is straightforward, it’s important to write your will clearly, ensuring all wishes are understandable. Additionally, even after storing your will, you should regularly review it, especially after major life changes such as marriage, divorce, or the birth of a child. If changes are necessary, update the will and re-deposit it with the Nachlassgericht to prevent confusion.
For most individuals in Germany, depositing a handwritten will with the Nachlassgericht is the simplest and most cost-effective way to ensure their final wishes are respected. For just 150 euros, you can protect your legacy and provide clarity and security for your loved ones during an emotionally challenging time.