If you live in Germany and do nothing, German inheritance law will very likely decide who gets what when you die — even if you are not German, and even for property you own back home. For many international families the result is not what they would have chosen. A valid will fixes that, and in Germany you can make one with nothing more than a pen.
1. What happens without a will
German law has a fixed order of heirs. The most common surprises:
- Your spouse does not inherit everything. Next to your children, a spouse's legal share is a quarter (§ 1931 BGB). Under the standard German marital property regime it rises by another quarter (§ 1371 BGB), so usually a half. Your children share the rest — and if they are minors, a court may get involved in how their share is managed.
- An unmarried partner inherits nothing, however long you have lived together. Only a will changes that.
- Without children, your parents and siblings share the estate with your spouse.
2. Which country's law applies
Under the EU Succession Regulation, your estate is normally governed by the law of the country where you last had your habitual residence — for most readers of this page, Germany. It covers your whole estate, including assets abroad.
You can change that: the EU rules let you choose the law of your nationality instead, but only if you say so clearly in your will or a separate declaration (EU guidance). A British, American or Indian national living in Berlin can, for example, choose their home law. Whether that helps depends on what that law says — it is a decision to take with advice, not a box to tick.
Two caveats. Denmark and Ireland do not apply these EU rules, so an authority there may not honour your choice. And countries outside the EU apply their own rules to assets located there, particularly land. If you own property in more than one country, tell whoever advises you about all of it.
3. The two ways to make a will
German law recognises two ordinary forms (§ 2231 BGB).
The handwritten will (§ 2247 BGB):
- The whole text must be written by your own hand. A typed or printed will that you only sign is invalid — this is the most common mistake made by people coming from countries where a signed, witnessed document is normal.
- Sign it at the end with your first name and surname.
- Add the date and place. The law says you should; leaving them out can cause disputes when there is more than one will.
- No witnesses are needed. You can write it in English.
The notarial will (§ 2232 BGB): you tell a notary your wishes, or hand over a written document, and the notary records it. The notary must check that you have capacity and advise on the wording. If you do not speak enough German, the notary will arrange for the deed to be translated or an interpreter to be present — ask about this, and the cost, when booking.
Notary fees are set by law and depend on the value of the estate, so they vary a lot. Ask for an estimate in advance.
4. Why a notarial will can save your heirs money
After a death, heirs usually have to prove they are heirs — normally with a certificate of inheritance (Erbschein) from the probate court, which costs time and fees. With a notarial will, the land registry can generally accept the will and the court's record of opening it instead (§ 35 GBO). If you own a flat or house in Germany, the notary's fee now may cost less than the certificate later.
5. Wills for couples
Married couples and registered civil partners can make a joint will (§ 2265 BGB). It can be handwritten by one of you and signed by both. Unmarried couples cannot — each needs a separate will.
The classic German version is the Berliner Testament: each partner leaves everything to the other, and the children inherit after the second death (§ 2269 BGB). It is popular, and it has two traps:
- It can become binding. Provisions that depend on each other generally cannot be revoked by the survivor after the first death (§ 2271 BGB). If the survivor remarries or falls out with a child, they may be stuck.
- The children can still claim. Being left out on the first death gives each child a right to their compulsory share straight away — see the next section. Many couples add a clause to discourage this; it needs careful drafting.
6. What you cannot take away
Germany does not allow complete freedom. Your children — and, if you have none, your parents — as well as your spouse, can claim a compulsory share (Pflichtteil) if your will leaves them out (§ 2303 BGB). It is half the value of what they would have inherited without a will, paid in money by the heirs.
This surprises people from countries with full testamentary freedom. It is also one of the reasons some foreign nationals choose their home law — and one of the things that choice cannot always achieve if assets or family are spread across countries.
7. Making sure it is found
A will in a drawer can be lost, or found by the wrong person. Two better options:
- Notarial wills are automatically deposited with the court and registered in the Central Register of Wills (Zentrales Testamentsregister) run by the Federal Chamber of Notaries. After a death, the register ensures the will reaches the probate court.
- Handwritten wills can be handed to the local court (Amtsgericht) for official safekeeping on request (§ 2248 BGB), and are then registered in the same way. There is a small fee.
If you already have a will from another country, do not assume it is void or that it still works as intended. Have it looked at together with any new one, so that the two do not contradict each other.
8. Lawyer or notary?
They do different jobs. A lawyer advises you alone: what you want to achieve, which law to choose, how to deal with the compulsory share, how to structure a couple's will, and what happens in each country you have links to. A notary is a neutral public official who records the will and must explain its legal effect, but does not act for one side (§ 14 BNotO).
A simple will leaving everything to a spouse may need neither — just care with the form. An international family, property in two countries, children from different relationships, or a business usually need a lawyer first and then a notary. Inheritance tax is a separate question, and often needs a tax adviser. You can find notaries through the Federal Chamber of Notaries' search.
9. Getting started
- List your family: spouse or partner, children (from every relationship), parents.
- List what you own and where: property, accounts, pensions, a business — in every country.
- Note your nationalities and where you have lived.
- Find any earlier will, from any country.
- Write down who should get what, and who should not.
- If you write it yourself: every word by hand, signed, dated, placed — and deposited at the Amtsgericht.
One thing worth holding on to
The most expensive wills in Germany are the ones that were never written and the ones that were typed. Both are avoidable in an afternoon.