How much does a will cost at the notary?
A will, or a testamentary disposition as it is correctly called, is an especially important document and rightfully has to adhere to legal conditions. Otherwise, the “last will” of a decedent can be quickly declared invalid or disputed. Here you find out how much a will costs at the notary and what you need to pay attention to.
Hand-written formulation is mandatory
Many people believe that it suffices to write the will on a computer or typewriter and then sign it, because their handwriting may not be easy to read for others. This assumption, however, is wrong. To be valid, a testamentary disposition has to be written and signed by hand. But you can type up a readable printed copy and add it to the original.
What else needs to be considered?
In Germany, a will can only be written by people competent to dispose by will. This means: the person has to be a legal adult, contractually capable, and not influenced by drugs, alcohol or affected by other states of impaired consciousness. Persons of 16 years of age or older can also write a will, however it must be notarised by a notary.
It is also necessary to sign by hand with first and last name. It’s not mandatory but useful to also add the place and date of the writing, to make it easy to see possibly changed orders.
To avoid formal errors in writing a will, it is useful to consult a lawyer with experience in inheritance law and to finally have it notarised by a notary. The notary can also make sure that the will is deposited at the proper inheritance court and entered into the central register of wills.
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
Notary Fees
For the decedent, this question should also be interesting: how much does a will cost at the notary? Because the notarisation and entering into the register of wills has associated fees. Their amount is determined by the value of the decedent’s assets at the time of writing the will. That means: The greater the assets, the higher the notary fees will be.
The fees are written down in detail and bindingly in the court and notary fee law (GNotKG), so they are the same for every notary in Germany. A discount isn’t possible, because the notary is obligated to take these fees.
Additionally, it depends on whether the will is written for an individual or for a married couple or in the form of an inheritance contract. For an individual will the notary takes 1,0 times the fee, for a shared will 2,0 times. Here a few examples for orientation (the first number is the value of the inheritance, the second 1,0 times the fee, the third 2,0 times the fee):
- 10.000,00 EUR: 75,00 EUR / 150,00 EUR
- 25.000,00 EUR: 115,00 EUR / 230,00 EUR
- 50.000.00 EUR: 165,00 EUR / 330,00 EUR
- 250.000,00 EUR: 535,00 EUR / 1.070,00 EUR
- 500.000,00 EUR: 935,00 EUR / 1.870,00 EUR
- 1.000.000 EUR: 1.735,00 EUR / 3.470,00 EUR
To these mentioned fees are added other flat expenses for the safekeeping of the will at the notary (75,00 EUR), for entering the will into the register of wills, and for printing and mail or telecommunication services. Mind also that the notary fees are net amounts, which means that the applicable VAT is added to them.
Added costs for the notary for change or revocation
If you want to change or revoke your will, the notary is allowed to demand 0,5 times the fee applied to the asset value. When revoking and old and writing a new will with changed content, 1,0 times the fee for an individual will or 2,0 times for a shared will are to be paid again.
First to a lawyer, then to the notary!
Whether you take a consultation with a lawyer before writing your will is up to you. There is no legal obligation to involve a lawyer or a notary. It’s a consideration of the cost-benefit calculation.
The consultation of a specialised lawyer is however recommended if the group of heirs is relatively large or if your assets are made up of many positions such as cash, stocks, real estate or a company. This also applies if you only want one person to inherit or want to disinherit a particular person. Because if there are form errors there or complicated legal questions to be answered, your will could easily become invalid or people could inherit who you categorically wanted to exclude from inheriting.
Regarding the cooperation with a notary: you can have a notary write and notarise your will. However, you can’t get a consultation from a notary. This is legally prohibited by § 3 Abs. 1 Nr. 7 notarisation law (BeurkG).
This is how we support you in writing your will
German inheritance law is very complex and requires specific knowledge. As a lawyer with special expertise in this area I will support you with all questions regarding your will, for example whether legal succession according to the BGB is useful for your individual situation.
For this you have to know that generally, every inheritance case is examined and worked on by the responsible inheritance court to determine the correct succession. The latter is important for requesting a certificate of inheritance and for the inheritance tax declaration. If you want to change the legal succession, you have to do so through a will. This way you can also avoid conflict within the community of heirs or problems with the creditors of the heirs.
Since I’m familiar with all of the details and options, I can competently advise you before you write your will so that in the end you can arrive to the notary with a legally binding testamentary disposition ready for notarisation.
You can arrange an appointment with me right now via email or the contact form.
Frequently asked questions around the 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.
