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Contesting a will: when a last will can be challenged

A will is not always unassailable. It can be contested if the testator was mistaken, was threatened, or overlooked a person entitled to a compulsory share. Defects of form or testamentary capacity can also make a will invalid. Deadlines, however, apply to the contestation.

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A will can be contested, for example due to a mistake or an unlawful threat against the testator (§ 2078 BGB), or because a person entitled to a compulsory share was overlooked whom the testator did not know about (§ 2079 BGB).
The contestation is subject to a deadline (generally one year from learning of the ground for contestation). Besides that, a will can also be invalid without contestation, for example in case of formal errors or a lack of testamentary capacity.

What you should do now

  1. 1

    1. Determine the point of attack

    Clarify whether it is about a ground for contestation (mistake, threat, overlooked compulsory share) or about invalidity (form, testamentary capacity).

  2. 2

    2. Secure evidence

    Gather indications (medical records on testamentary capacity, witnesses, earlier wills, the circumstances of the drafting).

  3. 3

    3. Meet the deadline

    Declare the contestation to the probate court on time. The deadline begins with knowledge of the ground for contestation.

  4. 4

    4. Get advice

    Inheritance-law contestations are complex and consequential. Have the prospects of success reviewed by a lawyer.

How to spot the scam

  • The one-year deadline for the contestation is already running.
  • There are doubts about testamentary capacity that are not documented.
  • A handwritten will shows formal defects.

Frequently asked questions

On what grounds can I contest a will?

For example if the testator was mistaken, was unlawfully threatened (§ 2078 BGB), or overlooked a person entitled to a compulsory share whom he did not know about (§ 2079 BGB). Besides that, a will can be invalid due to formal errors or a lack of testamentary capacity.

What deadline applies to the contestation?

Generally one year from the point at which you learned of the ground for contestation. You declare the contestation to the probate court. If you miss the deadline, the contestation is usually excluded.

What happens if the contestation succeeds?

Then the will (or the affected part) is invalid. An earlier will or the statutory succession then applies. The consequences can be considerable, so a careful review is important.

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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.