{"id":7810,"date":"2024-05-10T15:59:10","date_gmt":"2024-05-10T13:59:10","guid":{"rendered":"https:\/\/winheller.com\/blog\/en\/?p=7810"},"modified":"2025-10-15T12:13:58","modified_gmt":"2025-10-15T10:13:58","slug":"private-handwritten-will-germany","status":"publish","type":"post","link":"https:\/\/winheller.com\/blog\/en\/private-handwritten-will-germany\/","title":{"rendered":"Private Handwritten Will in Germany"},"content":{"rendered":"\n

Essential considerations when creating a handwritten will<\/h2>\n\n\n
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The issue of what should transpire with one\u2019s assets after one\u2019s demise is one that eventually concerns many individuals. The larger the assets and the more offspring there are, the more challenging decisions <\/strong>become. The urge to clarify the succession of assets often arises due to advancing age, illness, or death within the immediate family.<\/p>\n\n\n\n

Individuals frequently draft a will independently. Although this can conserve time and money, there are several rules to be followed<\/strong> when creating a handwritten will that are vital for the <\/strong>will\u2019s effectiveness and subsequent execution.<\/p>\n\n\n\n

Contents of a will<\/h2>\n\n\n\n

In Germany, testamentary freedom is generally applicable. The testator has extensive freedom<\/strong> to decide who they wish to bequeath their assets to and under what terms. They are free to regulate this in their will, although they should consider the tax implications<\/strong> of this.<\/p>\n\n\n\n

The testator should always opt for wording that is specific, clear, and unambiguous. Notably, it should be noted that a clear designation of the respective asset is necessary for the execution<\/strong> of the will. This is the only way to ensure that the testator\u2019s final wishes are fully implemented.<\/p>\n\n\n\n

A clear identification<\/strong> of the object can be achieved in various ways. In the case of real estate, for example, the district, parcel, and parcel number can be provided. In the case of deposits, the name of the bank and the deposit number are beneficial<\/strong>. The individuals who are to receive the benefits must also be named precisely<\/strong> enough to enable identification.<\/p>\n\n\n\n

Would you like to receive such news directly to your mailbox every two months? Subscribe to our newsletter Private Clients Update – Assets | Foundations | Succession.<\/a><\/a><\/h4>\n\n\n\n

If the will\u2019s content is unclear<\/strong>, the law\u2019s interpretation rules may apply, and in case of uncertainty, even the statutory succession. This could mean that the actual execution of the will does not align<\/strong> with the testator\u2019s wishes.<\/p>\n\n\n\n

Personal drafting of the will<\/h2>\n\n\n\n

For a handwritten will, it is essential that it is written completely by hand<\/strong> and personally<\/strong>. In the era of computers, e-mails, and chats, this may seem archaic, but it is crucial<\/strong>. Even if you haven\u2019t used a pen in years and written an extensive letter by hand, this is precisely what you need to do if you want to write your own will. A will that has been printed out by a machine or prepared by a third party is invalid<\/strong>, even if it is signed by the testator himself. It will then simply not be recognized<\/strong>.<\/p>\n\n\n\n

The will must be signed<\/strong>, preferably with the first name and surname. The signature signifies the conclusion of the will, which is why it must be at the bottom. The signature\u2019s identification function also allows conclusions to be drawn about the person making the will. In case of doubt, additions below the signature are invalid and will not be considered when the will is processed. If subsequent additions<\/strong> are made, they should be signed again as a precaution.<\/p>\n\n\n\n

In the case of wills with multiple pages, it can also be beneficial<\/strong> to number the pages. This makes it easy to verify the will\u2019s completeness at a later date.<\/p>\n\n\n\n

Additionally, the place and date of the will\u2019s execution should be recorded<\/strong>. This makes it possible to determine at any time whether the will is still current or whether a newer will exists and the old one may no longer be valid.<\/p>\n\n\n\n

Storage of the handwritten will<\/h2>\n\n\n\n

The will can be kept privately<\/strong>, for example at home in a safe. It is important to ensure that it can be found in the event of death. It is therefore advisable to inform trusted individuals of its location. The disadvantage of private storage is the risk of loss and destruction, forgery, or removal by third parties.<\/p>\n\n\n\n

Another option is to deposit<\/strong> the will with the local court in Germany<\/strong>. In the event of death, the will is then automatically submitted <\/strong>to the probate court for probate. The will is protected from unauthorized access by third parties and is not exposed to the risk of loss. The will can be removed from safekeeping at any time without losing<\/strong> its validity<\/strong>.<\/p>\n\n\n\n

Conversely, it\u2019s not recommended<\/strong> to keep the will in a location only accessible to the testator, like a safe deposit box. In the event of death, this could cause complications<\/strong> in finding the will, potentially delaying or obstructing the execution of the last will and testament.<\/p>\n\n\n\n

Our experienced inheritance lawyers are ready to offer you extensive advice on creating a legally compliant will.<\/p>\n\n\n\n

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Why Making a Will Is Good<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Essential considerations when creating a handwritten will The issue of what should transpire with one\u2019s assets after one\u2019s demise is one that eventually concerns many individuals. The larger the assets and the more offspring there are, the more challenging decisions become. […]<\/p>\n","protected":false},"author":57,"featured_media":7818,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1154],"tags":[],"class_list":["post-7810","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-inheritance-law"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/posts\/7810","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/users\/57"}],"replies":[{"embeddable":true,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/comments?post=7810"}],"version-history":[{"count":12,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/posts\/7810\/revisions"}],"predecessor-version":[{"id":8187,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/posts\/7810\/revisions\/8187"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/media\/7818"}],"wp:attachment":[{"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/media?parent=7810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/categories?post=7810"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/winheller.com\/blog\/en\/wp-json\/wp\/v2\/tags?post=7810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}