If there is no will, the statutory order of succession applies: heirs of the first order (spouse and descendants) inherit first, in their absence heirs of the second order (parents and their descendants), whereby the spouse is taken into account proportionately according to the matrimonial property regime. A will is recommended for making individual inheritance arrangements, for example for unmarried partners, specific asset distribution or conflict avoidance in complex family constellations.
A will is a unilateral declaration of intent that is drawn up alone and can be amended or revoked at any time. An inheritance contract, on the other hand, is a binding agreement between the testator and other parties, such as potential heirs. It requires the consent of all parties involved and can only be amended jointly.
Yes, a handwritten will is a valid form under German law (§ 2247 BGB), provided it has been written and signed in full by the testator. It regulates the distribution of the testator's assets. However, this form has its pitfalls: unclear wording, doubts about testamentary capacity or the risk of the will not being found can easily lead to disputes among the heirs - especially if there are several heirs. Although you do not necessarily need a notary for the will to be valid, a notarized will offers decisive advantages. The notary will provide you with comprehensive advice, ensure that your will is formulated in a legally secure manner, confirm your testamentary capacity and ensure that it is kept in safe custody.
A disposition upon death can be amended until death if the testator has testamentary capacity. A new will or amendments replace previous dispositions. Notarized wills are filed with the probate court, handwritten wills require clear wording to express the current will.
The notaries at Goroll - Teusch - Jansen have many years of experience in inheritance law matters and offer comprehensive advice on matters such as wills, inheritance contracts and pensions. Other notarial services include real estate law, corporate law and family law, including, for example, the notarization of property purchase agreements, company formations and marriage contracts.
A valid identity card or passport is required. Depending on the matter at hand, existing wills, marriage contracts, land register extracts or details of assets may help. Data on trusted persons is useful for powers of attorney. The notary will clarify in advance what exactly is required.
The costs are based on the scale of fees for notaries (GNotKG) and depend on the asset value. Exact details can be obtained from the notary.