Can I also write my will by hand?
January 12, 2022 | 50,00 EUR | answered by Uwe Herrmann
Dear estate lawyer,
My name is Nina Hahn and I am facing the question of whether I can also write my will by hand. I have not yet written a will and now I want to address this issue to ensure that my estate will be handled according to my wishes in the event of my death.
Currently, I do not have contact with a notary and I am unsure if I must necessarily seek professional help to create a will. My concerns are that a handwritten will may not be legally valid or could be contested in case of dispute.
Therefore, I would like to know from you if it is legally possible to write a will by hand and if this would be legally valid in case of need. Are there specific formal requirements that I must observe to ensure that my will is valid and accurately reflects my last wishes?
I am also interested in whether it is advisable to have a handwritten will authenticated by a notary to prevent potential disputes among the heirs. Or is this not strictly necessary to be legally protected?
I thank you in advance for your assistance and look forward to your expert advice on this important matter.
Sincerely,
Nina Hahn
Dear Mrs. Hahn,
Thank you for your inquiry regarding the preparation of a will. It is indeed possible to draft a will by hand. A handwritten will is referred to as a holographic will and is generally valid under German law, provided that certain formal requirements are met.
To ensure that your will is legally valid, you must adhere to the following formal requirements: The will must be completely handwritten, dated, and signed. It is important that your will is clearly recognizable as your last will and testament, with no doubts about your capacity to make a will. Furthermore, you should avoid making any handwritten additions or deletions, as this could affect the validity of the will.
It is also advisable to have a holographic will notarized by a notary. Notarization serves to confirm the authenticity of the will and prevent potential disputes among the heirs. A notarized will typically holds greater evidential value in court and provides additional legal security.
However, it is important to note that notarization is not strictly necessary to create a valid will. A holographic will without notarization can still be legally valid, as long as the formal requirements mentioned above are met.
In conclusion, I would like to emphasize that the preparation of a will is a significant matter that should be carefully considered. I am available for further questions and individual consultation to ensure that your last will is carried out according to your wishes.
Sincerely,
Uwe Herrmann, Attorney specializing in Inheritance Law
