Law firm for drafting wills

Writing a will – How to make your last will and testament legally compliant

Writing a will is one of the most important decisions in life – and yet many people put off making one. Often out of uncertainty, sometimes out of fear of doing something wrong. A clearly formulated will offers the greatest security to ensure that assets are distributed exactly as you wish after your death. Errors or ambiguities, on the other hand, can lead to disputes, lengthy inheritance disputes and undesirable results.

Why a will is so important

Without a will, intestate succession automatically applies. This takes into account degrees of kinship, but not personal relationships, life realities or individual wishes. A will, on the other hand, creates clear conditions and prevents many conflicts. It is particularly important if:

• spouses or life partners are to be insured
• children from different relationships are present
• certain persons are expressly not to inherit
• Wealth should be distributed unequally
• company shares or real estate must be regulated
• the aim is to achieve a tax-efficient structure

A will gives you control – and saves the family additional burdens in the event of an emergency.

The two most important forms of will

In Germany, private individuals essentially have two options:

1. the handwritten will

It is the most common form – and also the most prone to errors. For it to be effective, it must:

• be completely handwritten
• Place and date included
• be personally signed at the end

Online templates seem practical at first glance because they are free and can be customized at any time. At the same time, however, they are highly prone to errors and carry the risk of contradictory or legally unclear formulations, which can lead to disputes or the invalidity of individual provisions in an emergency. It is important that you make a clear distinction between appointing an heir and leaving a legacy.

2. the notarized will

A notarial will is drawn up and notarized by a notary, which has numerous advantages. The legally secure wording avoids later interpretation problems from the outset, and the automatic official safekeeping ensures that the will can be found safely in the event of an emergency.

A notarized will also makes it much easier to obtain a certificate of inheritance at a later date. The only disadvantage is the costs incurred – but these often pay for themselves several times over, because disputes among the heirs and costly disputes are significantly reduced as a result.

Central contents that every will should regulate

For a will to remain clear and effective, it should contain more than simply naming an heir. Typical components are

• Inheritance
• Substitute heirs in the event of someone’s death
• Legacies
• Partition arrangements
• Execution of wills
• Conditions
• Regulations on compulsory portions
• Regulations on real estate and companies

The more complex the assets, the more important it is to formulate them precisely.

Common mistakes in wills – and how to avoid them

Many privately drafted wills contain serious weaknesses. The most common are:

• Unclear terms (“My children should inherit fairly” – but what does “fairly” mean?)
• Contradictions between different paragraphs
• Incomplete information on assets
• Missing substitute heirs
• Disregarded compulsory portion rights
• Missing handwritten creation
• Dangerous formulations such as “everything in equal parts” without specific allocation

An effective will must be unambiguous, complete and legally compliant. Even small mistakes can lead to considerable financial disadvantages or, in the worst case, render the will completely ineffective.

Berlin will: useful for many couples – but not without risks

The Berlin will is one of the most popular models for married couples. Both partners appoint each other as sole heirs; the children only inherit after the death of the second parent. Advantage: great security for the longer living partner.

But there are also disadvantages:

• Binding effect – subsequent changes are often difficult
• High tax burdens for the children
• Claims to a compulsory portion after the first death

The last point in particular is often underestimated. Children’s claims to a compulsory portion can cause considerable problems after the death of the first parent and place a financial burden on the surviving partner. A Berlin will should therefore never be drawn up without professional advice.

Recommendations for a legally compliant will

If you want to write a will, you should proceed in a structured manner:

1. Create an asset overview: Real estate, accounts, securities, investments, insurance policies, household contents.
2. Define inheritance goals: Who do I want to protect? Who should receive what?
3. Check compulsory portion rights: Can compulsory portion claims arise that jeopardize the planning?
4. Ensure written form (for handwritten wills)
5. Avoid unclear formulations: Do not use terms that leave room for interpretation.
6. Update your will regularly: Take account of changes in assets, family or partnership.
7. Obtain professional advice: Especially for real estate, larger assets or complex family structures.

Why professional support can be crucial

A will is more than just a document. It is an instrument for long-term wealth planning – with legal, tax and family implications. This is why professional support is particularly important when real estate, companies, gifts or patchwork constellations are involved. Many conflicts only arise years later because wills were worded ambiguously or were not tailored to individual situations.

CDR Legal, a law firm specializing in inheritance law, assists clients with the detailed drafting of wills: We clarify which objectives are to be achieved, check which statutory provisions and compulsory portion rights are to be observed, identify tax risks and finally formulate a legally compliant text that clearly sets out the last wishes. In many cases, this forward-looking support can completely avoid later disputes – and assets can be distributed in the way that is actually desired.