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Is the will valid? The most common formal errors

A private will has strict formal requirements. Even text written on a computer or a missing signature can make it invalid, with major consequences for the heirs. Here are the most common pitfalls.

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A holographic will must be written entirely by hand and signed personally (§ 2247 BGB). A typed document that is merely signed is invalid as a holographic will.
If a will is formally invalid, it does not apply; then either an earlier valid will or the statutory order of succession applies. It is also advisable to include place and date and a clear, unambiguous wording.

What you should do now

  1. 1

    1. Check the form

    Is the entire text handwritten? Is there a personal signature (ideally with first and last name)?

  2. 2

    2. Check for clarity

    Are the provisions clear (who inherits what), or ambiguous/contradictory?

  3. 3

    3. Date/place

    Date and place are not mandatory but help to determine the most recent will.

  4. 4

    4. Get advice if in doubt

    For larger estates or unclear wordings, notarial advice is worthwhile; a notarial will avoids formal errors.

Frequently asked questions

Must a will be handwritten?

A private (holographic) will, yes: it must be written entirely by hand and signed personally (§ 2247 BGB). Text written on a computer and merely signed is invalid. Alternatively, a will can be drawn up before a notary, in which case the handwriting requirement does not apply.

What happens if the will is invalid?

Then it does not apply. It is replaced by an earlier valid will or, if there is none, by the statutory order of succession. That is precisely why clear wordings and compliance with the form are so important; when in doubt, notarial advice helps.

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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.