Last wills and testamentary dispositions
You will consider whether the legal succession corresponds to your ideas about succession or not. This may no longer be the case if you know about the disputes within a community of heirs or if you want to avoid fragmentation of the estate or restrictions on disposal. The basis of arbitrary succession is the freedom to make a will, i.e. the right of a person to determine according to his own wishes and ideas how and to whom his assets should be transferred after his death. At the same time, the development of inheritance tax must also be kept in mind.
What types of wills or testament can you choose?
When is the will valid?
When setting up the will, one must be spiritually able to understand his actions and explanations. This may not be the case, for example, due to mental limitations. Since the drawing up of a will is a highly personal legal transaction, representation by third parties, for example by parents or (from the age of majority) by a guardian, is not possible. Upon reaching the age of 16, the minor acquires full testamentary capacity without requiring the approval of his legal representative for drawing up the will. However, the minor below 16 may not yet draw up a will in his own hand; then a notarial will remains possible for him. Once the minor has reached the age of majority, all forms of wills are open to him or her.
How to draw up a handwritten will?
A will can be drawn up with a personally written and signed declaration. Within the scope of this form, the participation of authenticators or witnesses is not necessary in Germany. Handwriting and the signature of the testator are mandatory formal requirements, the absence of which makes the will void. The indication of place and date of the establishment of the will is not a prerequisite for effectiveness, but is highly recommendable: often there are several wills, whereby in each case the younger one excludes the older one, provided that these contradict each other with regard to its content. If no date is given, there is usually a problem in determining when the will was drawn up. Furthermore, the will should have a title such as “My last will and testament” so that the surviving dependants know clearly that it is a will.
Where do I keep my will?
It should be ensured that the will is found after death. This can be achieved, for example, by depositing the will with the central register of wills. The costs for registration are flat-rate, irrespective of the value of the estate: it’s a one-off fee of 75 € and a writing fee of 18 €. Who does not want to registrate the will, can deposit it at home in a safe place and also hand out further copies to trustworthy persons. These copies could indicate where the original is located.
What is a notarial will?
This will can be drawn up by the testator’s oral declaration in front of the notary, which he then incorporates in a deed. It is also possible to hand over a document to the notary, together with the oral declaration, that the document contains one’s last will.
What applies to a spouse's will?
The joint will of the spouses gives the spouses the opportunity to settle their succession to their assets jointly in one document and in a coordinated manner. It is sufficient for one spouse to draw up and sign the will in his or her own hand. The other spouse then only has to sign with the remark that this is also his will.
What is a "Berliner Testament"?
A particularly frequently chosen form is the “Berliner Testament”. Here the spouses use each other as sole heirs and one or more third parties (usually the children) as heirs of the surviving part.
What is a "Testament to the benefit of disabled persons"?
In the case of the testament for the disabled, the succession is designed in such a way that the assets are protected from access by the government and other third parties and thus preserved for the disabled person and later for the remaining family members. Further information …
What is an "entrepreneur's will"?
Anyone leaving behind a company must plan carefully. The generation change is highly complicated and must not only take financial, tax and legal aspects into account, but also management issues and family aspects. Anyone who invests in succession planning here can turn the handover into a continuation of success story. More information …
What are the special features of an inheritance contract?
An inheritance contract can be concluded with any person – including non-family members – for the entire estate or only parts of it. The contract of inheritance must be in the form of a notarial deed. The special feature of this contract in relation to the will is its binding effect. During his lifetime, the testator can still freely dispose of his property. The testator is only prohibited from making gifts with the sole intention of damaging the contractual heir.
What types of wills or testaments are there?
When is a valid will available?
How to draw up a handwritten will?
A will can be drawn up with a personally written and signed declaration. Within the scope of this form, the participation of authenticators or witnesses is not necessary in Germany. Handwriting and the signature of the testator are mandatory formal requirements, the absence of which makes the will void. The indication of place and date of the establishment of the will is not a prerequisite for effectiveness, but is highly recommendable: often there are several wills, whereby in each case the younger one excludes the older one, provided that these contradict each other with regard to its content. If no date is given, there is usually a problem in determining when the will was drawn up. Furthermore, the will should have a title such as “My last will and testament” so that the surviving dependants know clearly that it is a will.
Where do I leave my will?
What is a notarial will?
What applies to a spouse's will?
What is a "Berliner Testament"?
A particularly frequently chosen form is the “Berliner Testament”. Here the spouses use each other as sole heirs and one or more third parties (usually the children) as heirs of the surviving part.
What is a "Testament to the benefit of disabled persons"?
In the case of the testament for the disabled, the succession is designed in such a way that the assets are protected from access by the Government and other third parties and thus preserved for the disabled person and later for the remaining family members. Further information …
What is an "entrepreneur's will"?
What are the special features of an inheritance contract?
What types of wills or testaments are there?
When is a valid will available?
How to draw up a handwritten will?
A will can be drawn up with a personally written and signed declaration. Within the scope of this form, the participation of authenticators or witnesses is not necessary in Germany. Handwriting and the signature of the testator are mandatory formal requirements, the absence of which makes the will void. The indication of place and date of the establishment of the will is not a prerequisite for effectiveness, but is highly recommendable: often there are several wills, whereby in each case the younger one excludes the older one, provided that these contradict each other with regard to its content. If no date is given, there is usually a problem in determining when the will was drawn up. Furthermore, the will should have a title such as “My last will and testament” so that the surviving dependants know clearly that it is a will.
Where do I leave my will?
What is a notarial will?
What applies to a spouse's will?
What is a "Berliner Testament"?
A particularly frequently chosen form is the “Berliner Testament”. Here the spouses use each other as sole heirs and one or more third parties (usually the children) as heirs of the surviving part.
What is a "Testament to the benefit of disabled persons"?
In the case of the testament for the disabled, the succession is designed in such a way that the assets are protected from access by the Government and other third parties and thus preserved for the disabled person and later for the remaining family members. Further information …