Writing a Will in Germany: Inheritance Law, Pflichtteil, and Berliner Testament
Guide to writing a valid will in Germany: handwritten will (§2247 BGB), notarized wills, Pflichtteil (50% statutory share), Berliner Testament, and secure storage.
Writing a Will in Germany: Inheritance Law, Pflichtteil, and Berliner Testament
German inheritance law is governed by the Civil Code (BGB). Anyone who wants to control their estate needs a valid will. This guide covers the main will formats, the compulsory share (Pflichtteil), and the popular Berliner Testament.
Handwritten Will (§ 2247 BGB)
A handwritten will must be written entirely by hand — no printouts, no typewriter.
Validity Requirements
| Requirement | Details |
|---|---|
| Handwriting | Entire text written by hand |
| Signature | First and last name at end |
| Date | Place and date included |
| Testamentary capacity | From age 16 (notarized) or 18 (handwritten) |
Notarized Will
A will notarized at a Notar is authenticated and deposited at the local court. Benefits: legal certainty, automatic registration, often no certificate of inheritance needed. Cost depends on estate value (e.g., ~500 EUR for 200,000 EUR estate).
The Pflichtteil (Compulsory Share)
The Pflichtteil is 50% of the statutory inheritance share. Entitled: children, spouse, parents (if no children). Disinheritance is possible, but the Pflichtteil remains. Removal is only possible in extreme cases (e.g., attempted murder).
The Berliner Testament
Spouses name each other as sole heirs. Children inherit only after the death of the surviving spouse (final heirs). A penalty clause is common: if a child claims the Pflichtteil after the first parent's death, they are limited to the Pflichtteil upon the second death as well.
Securely Storing Your Will
Official Deposit
Handwritten wills can be deposited at the local court for official safekeeping (75 EUR). The will is registered in the Central Register of Wills.
Digital Supplement
Beyond official storage, inform trusted persons about your will's existence. With LOCK.PUB, create a password-protected memo with storage location details — share the password via iMessage through a separate channel.
Common Will Mistakes
| Mistake | Consequence |
|---|---|
| Typed on computer | Will is invalid |
| No signature | Will is invalid |
| Ambiguous wording | Disputes among heirs |
| No date | Validity questionable |
Inheritance Tax Exemptions
| Relationship | Tax-Free Amount |
|---|---|
| Spouse | 500,000 EUR |
| Child | 400,000 EUR |
| Grandchild | 200,000 EUR |
| Siblings | 20,000 EUR |
Conclusion
A will gives you control over your estate. Follow the formal requirements — especially complete handwriting for holographic wills. Consult a Notar if in doubt, and store your will securely.
Use LOCK.PUB to inform trusted persons about your will with password protection — secure, confidential, and accessible when needed.
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