Form of a will

Before you draw up a will, you should definitely think about the form in which it is to be drawn up. Even though digitalization is advancing more and more, you should never write a will on a computer, print it out and sign it. Such a will would be ineffective, with the result that the will written on the computer would not be respected and, if there is no other formal will, legal succession would apply.

There are basically two ways in which you can draw up your will.

• You can write your will by hand (preferably with a document-proof pen, e.g. ballpoint pen) from the first to the last line and sign it at the end, stating the place and date (private will) or,

• You go to a notary and have your will notarized there.

If you wish to make a joint private will with your spouse, it is sufficient for one of the spouses to copy the will by hand. However, it must be signed by both spouses, stating the place and date, so that it is documented that the will contains the wishes of both spouses.

A will can only be made orally in front of witnesses in exceptional cases that are strictly regulated by law. As a rule, these exceptions do not apply.

It should also be noted that minors and people with writing or visual impairments must always go through a notary.

Even if you wish to conclude an inheritance contract, this must be notarized by a notary.

The above explanation is intended to provide an initial insight into the subject of the form of a will. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 08.03.2023