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Emergency

Emergency will: a will in urgent cases

In exceptional situations in which an ordinary will can no longer be made, the law permits emergency wills. They are tied to strict requirements and are valid only for a short time.

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If it is to be feared that someone will die before a will can be made before a notary, an emergency will can be made, for instance before the mayor or before three witnesses (§§ 2249, 2250 BGB).
An emergency will loses its validity if the testator lives for a certain time afterwards (generally three months) and could then make an ordinary will. The formal requirements are strict.

What you should do now

  1. 1

    1. Check the emergency

    Clarify whether an ordinary will is really no longer possible.

  2. 2

    2. Choose the form

    Use the permitted form (e.g. before three witnesses) and observe its requirements.

  3. 3

    3. Draw up the record

    Record the last will in the proper form and have it confirmed by the witnesses.

  4. 4

    4. Confirm later

    If you recover, make an ordinary will in good time.

How to spot the scam

  • The strict formal requirements of the emergency will are not observed.
  • After the emergency has passed, no ordinary will is made.
  • The witnesses are unsuitable or biased.

Frequently asked questions

When is an emergency will permitted?

When an ordinary will is no longer possible, for instance because the testator is in immediate danger of death or is cut off from the outside world. Then the mayor's will or the three-witness will comes into consideration (§§ 2249, 2250 BGB).

How long is an emergency will valid?

Only for a limited time. If the testator survives the emergency and can make an ordinary will again, the emergency will loses its validity after a certain period (generally three months). It is only meant to bridge the transition period.

Which form must be observed?

Depending on the variant, very precise requirements: for the three-witness will, three suitable witnesses must be present at the same time and the last will is written down and signed. If the formal requirements are violated, the emergency will is invalid.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.