Some of the most frequently asked questions about making a will are addressed in the following:
How do I make a will?
German law distinguishes between individual wills and joint wills/contracts of inheritance (pactum successorium). The difference between an individual will and a joint inheritance arrangement relates to the ability to amend the will. Individual wills can be amended at any time, in contrast to joint wills and contracts of inheritance, under which obligations arise that cannot be amended, or at least not secretly.
An individual will can be drawn up by the testator or in notarial form.
Married couples can also make a joint will themselves. Other persons, in particular unmarried couples, can only make joint inheritance arrangements through a notary.
Where will my notarised will be stored?
Notarised inheritance arrangements, both wills and contracts of inheritance, are recorded in a digital register (Central Register of Wills) and filed with the court. This ensures that the inheritance arrangement will in all cases be accessible after death.
What are the typical will scenarios?
Whole collections of literature could be written about how to draft a will. However, some scenarios and expressions appear time and time again:
“Berlin Will”: Spouses with joint children often make a “Berlin Will”. This sets out that, in the first instance, the surviving spouse inherits the entire estate. The children only inherit after the death of the survivor. However, it should be noted that the children might already be able to assert claims to a compulsory portion after the death of the first spouse. The will must also specify whether the surviving spouse will have the right to amend the designation of the children as heirs.
“Divorce Will”: In a Divorce Will, a child is designated as the heir. At the same time, it is intended to prevent the other parent (the ex-partner) from having access to this inheritance. The keywords here are: withdrawal of power to manage the assets of the child or children, execution of the will, provisional and subsequent succession.
“Blended Family Will”: A variety of scenarios are possible with a blended family will. The primary focus is frequently on safeguarding the new partner against children from earlier relationships and distributing the assets among the children. A wide variety of intentions are possible: from “each person leaves their inheritance to their own children” to “all children are equal”. Blended Family Wills are often challenging from a legal perspective, as the compulsory portion claims of stepchildren are frequently perceived to be problematic.