Last Will and Testament

German law allows the testator to draw up a will. This must be written, dated and signed by the testator him/herself. It is also advisable for the will to contain a choice of law clause that defines the law that is to be valid for the will. This is expedient in order that, for example, Spanish law is not applied to the inheritance case just because someone has spent the majority of the year sunning themselves in Spain.

It is also possible to draw up a joint will (for married couples). This alternative is only legal for couples who are actually married or those in a civil partnership. The joint will must also be written by hand. This is achieved if one marital partner writes, dates and signs the will by hand and the other marital partner signs it as well. The co-signing marital partner should also write the date of the signature and the place where the will was signed. It is helpful if the co-signing marital partner declares above the signature that the content of the will is also its own last will and testament.

With handwritten wills, it is important that they actually comply with the requirements concerning handwritten form. For example, if a will is written on a computer and then printed out and signed, it does not comply with the requirements and is therefore invalid. The statutory inheritance provisions come into force in this case.

In the event of non-marital cohabitation, a joint will is not permitted. The only possible options are two individual wills or the creation of a contract of inheritance that must be notarised.

The notarised will is the third option for drafting a will.

If a will has not been made or the will is not valid the statutory inheritance provisions come into force.