Drafting of wills and contracts of inheritance
With a will or an inheritance contract, you determine who receives your assets and how your estate is to be settled. Without your own arrangements, statutory succession applies, which does not always reflect your wishes. We advise you on the options available and draft clear dispositions tailored to your situation.
The key points at a glance
Handwritten and notarial wills
A will may be made by hand. It must then be written and signed entirely in the testator’s own handwriting (§ 2247 BGB). Alternatively, it may be recorded by a notary. Both forms are equally valid. However, a notarial will can often replace a certificate of inheritance when the estate is settled.
Joint will
Only spouses and registered civil partners can make a joint will (§ 2265 BGB). A common form is the so-called Berlin will, in which the partners appoint each other as heirs and the children as final heirs. Mutually dependent dispositions may become binding after the death of one partner.
Inheritance contract
An inheritance contract allows contractually binding arrangements, including between persons who are not married. It must be notarised with both parties present at the same time. Its binding effect restricts the freedom to make later changes and should be used deliberately.
Content of the arrangements
In addition to appointing heirs, options include legacies, conditions, partition orders, provisional and subsequent inheritance, and the appointment of an executor. The compulsory portion rights of close relatives must be taken into account.
How we proceed
We discuss your family circumstances, your assets and your wishes, and explain what would apply without a will.
We develop a suitable arrangement and draft the text of your will or inheritance contract. We do not act as notaries. You copy out a handwritten will yourself, and where notarisation is required, we coordinate with the notary.
We recommend reviewing your dispositions whenever your family or financial situation changes, and we assist you in making any adjustments.
Frequently asked questions
Does a will have to be notarised?
No. A will that is written and signed entirely by hand is valid. The notarial form can, however, have advantages, for example when providing evidence to the land registry and banks later on.
Can I later change a joint will on my own?
While both partners are alive, a mutually dependent disposition can only be revoked by a notarised declaration of revocation addressed to the other partner. After the death of one partner, the survivor is generally bound by mutually dependent dispositions unless the will provides otherwise.
Your contact
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Gewürzmühlstraße 5 · 80538 Munich