How do I write a will?
If you want to determine how your assets will be managed after your death, the writing of a will is indispensable. With it you can decide who will get your assets (money, real estate etc.) or how you want to distribute it. It is also possible to determine guardianship for minor children or other relatives. I will gladly explain to you here how to write your will correctly.
How you write your will yourself
According to § 2247BGB you as decedent can formulate a will via a handwritten and personally signed declaration. Write the full text of the will by hand. You have to sign your will, because only then its authenticity can be determined later. It’s not enough to write the will digitally and then print and sign it.
Your signature contains your full first and last name. If your will covers several pages, sign each page in the bottom right. Your handwriting has to be recognisable and comparable to your signature on other documents.
If your hand shakes and you let a third party write it, the document becomes invalid – even if you sign it yourself (OLG Frankfurt am Main, ruling from 12th of December 2013, Az. 20 W 281/12). I will gladly help you write your will in compliance to law.
What is the difference with shared wills?
Regarding the writing of a shared will, mind that it has to be fully written and given date, place and signature by hand by one spouse. After that, the other spouse has to add the words “This is my last will as well” along with date, place and signature. To be safe, you should mark on the last page how many pages the will contains and if applicable sign on each page. If you have questions about writing your will together, feel free to call me.
I will gladly advise you!
Book an appointment for a free initial assessment or contact me by phone, e-mail or via my contact form:
Lawyer Christian Janssen from Berlin
What a will has to include
Be careful to write the following points into your will so it is valid:
The designation of heirs
Designate a single heir to inherit fully or define co-heirs with their respective inheritance shares. You also have the option to determine preliminary and beneficiary inheritance. With the determination of preliminary and beneficiary inheritance you arrange that your inheritance first passes onto the preliminary heir and with their death automatically on to the beneficiary heir. This way you can protect your assets for example from the reach of creditors of the preliminary heir, as your assets form separate assets for the preliminary heir.
This provision also makes sense for patchwork families. For example, the decedent can arrange this way that only their biological children profit from the inheritance when the surviving spouse dies.
Do you have questions about designating the right heirs in your family? As a lawyer with specialised knowledge in inheritance law I gladly support you with advice in my Berlin office.
The determination for the dissolution of the community of heirs
If several heirs have been designated, they form a community of heirs. If the distribution of the inheritance among the co-heirs hasn’t been arranged, all co-heirs inherit only a part of the inheritance. The community of heirs has to be dissolved.
This is usually done through partition by public auction for real estate and through sales of the pledge for movable objects. Both remain below the value of the object in most cases. With the addition of a distribution order in your will you can prevent this. I gladly advise you comprehensively on how you implement this distribution order correctly.
Condition in the will
A condition is received by the next of kin. This way an heir can for example be tasked via condition to arrange a proper burial. The care for the grave during the customary time becomes their responsibility. For that, a grave care contract with the professional gardener responsible for the local situation of the gravesite can be arranged.
If you have questions about this, I will explain more about conditions in the will. As lawyer in Berlin with specialised knowledge in inheritance law I am always at your service in my office in Berlin. Contact me without obligations…
The execution of the will
An execution of the will is a guarantee for your inheritance being used and distributed according to your wishes. It is always useful when you worry that there will be conflict among your heirs about the inheritance. Any person you trust can function as executor of the will.
There are three executions of the will. You determine the order of dissolution, management or long-term execution yourself. Usually the execution of the will is handled as dissolution executorship. The executor of the will is responsible for the process and the implementation of your wishes. That includes the distribution of your decreed bequests, the fulfilling of all conditions and the distribution of your inheritance to your heirs.
The management of your real estate or the protection of assets for minor heirs you can also task your executor of the will with. The costs for the executor are paid by the heirs. You can of course designate me as a lawyer with specialised knowledge in inheritance law in Berlin as your executor of the will.
Frequently Asked Questions regarding the writing of a will
Other areas of law
Pension law
I would also be happy to assist you in drawing up your own personal living will, health care proxy, and power of attorney.
Social law
I would be happy to explain how you can use the costs of care to structure the transfer of your assets to the next generation.
