Writing a will explained using an example
A will changes the legal succession. If you want it to be valid, there are some formalities you need to consider when writing it. An example should clarify this.
Don't leave any testament, the law regulates the legal succession by itself. Would you like a specific person who is not or only partially as a legal heir (heirs 1. If your (sole) heir is to determine your (sole) heir, you have to write a will.
Only a handwritten will is valid
- It is crucial that you write the text entirely with your hand. Do not use a computer or typewriter. You are also not allowed to dictate the text to anyone else. Only your personally written will is valid. This is all the more true as its effectiveness should perhaps later be doubted.
- Caption the text with "Testament" or "My last will".
- Formulate without conditions and prerequisites and insert the desired person as heir without any ifs or buts.
- Sign the will with your first and last name and add the place and date.
- Ideally, you will have the text confirmed as a witness by an uninvolved third party who has no right or interest in your inheritance.
Compulsory portion for siblings? - Interesting facts about inheritance law
Erben brings money - at least most of the time. Has the testator made you the sole heir ...
You can also write a legacy
- Alternatively, a legacy can also be considered. If you would like to give a certain person a certain object of value or amount of money, you do not need to change the legal succession.
- It is sufficient if you title the text a legacy and thus oblige the heirs to act in your favor.
- You can also formulate the legacy in the will. Just write what your wish is and identify the legatee.
Example of how you could formulate the text
- Example: "Testament". "I, Hans Müller, hereby appoint my nephew, Werner Scheinheilig, born on May 16, 1987 in Duckburg, as my sole heir. Frankfurt, June 22nd, 2012, signature of Hans Müller ".
- Example, if you want to designate your spouse as the sole heir: "..., hereby set my spouse... to be my sole heir. My children should only receive the compulsory portions. ..."
- You should know that you cannot completely oust your legal heirs from inheritance. These always keep theirs Compulsory portion. It amounts to half of the legal portion of the inheritance and is to be paid out in cash by the heir determined in the will.
- If in doubt, consult a notary or a lawyer. Depending on your situation, drawing up a will can be very demanding and complex. You can also do it through the notary at the German Testament Register e. V. leave deposited.
