Can I change my will at any time?
June 13, 2024 | 40,00 EUR | answered by Uwe Herrmann
Dear lawyer,
My name is David Köhler and I have a question regarding inheritance law. Several years ago, I drafted a will in which I specified who should be my heirs and how my estate should be distributed. However, there have been some changes in my life since then that lead me to reconsider and possibly amend my will.
I have gotten married and had two children, who were not included in my previous will. Additionally, I have founded a successful business that now has a considerable value. All these changes make it necessary for me to update my will to ensure that my estate is distributed according to my current wishes and needs.
I am concerned that my existing will no longer reflects my wishes and that it could lead to disputes within my family in the event of my death. Therefore, I would like to know if it is possible to amend my will at any time and the best way to go about it. Are there specific formal requirements that I need to follow to ensure that my new will is valid?
Thank you in advance for your support and advice.
Sincerely,
David Köhler
Dear Mr. Köhler,
Thank you for your inquiry regarding inheritance law. It is understandable that due to changes in your life, you are reconsidering your will and may want to make adjustments to ensure that your estate is distributed according to your current wishes and needs. It is indeed possible to change a will at any time as long as you are mentally capable of doing so. However, there are some important points to consider.
First of all, it is important to know that there are different forms of wills. The handwritten will is the simplest and most common form. You must write, date, and sign the will by hand. Witnesses are not required, but it is advisable to keep the will in a secure place and possibly deposit it with the competent district court.
Another point to consider is the legal consequences of wills. If you draft a new will that is intended to revoke your old will, it is important to explicitly state this in the new will. Otherwise, both wills may be valid, leading to uncertainties and disputes.
Since you mentioned that your business now has a considerable value, it may be advisable to also consider a so-called business will. In this case, you determine what should happen to your company in the event of your death to ensure that the business can continue and the interests of employees and family are preserved.
It is always recommended to consult a lawyer specializing in inheritance law to ensure that your new will is legally valid and does not contain any uncertainties or contradictions. An experienced lawyer can provide comprehensive advice and assist you in formulating and implementing your new will.
I hope this information is helpful to you and I am available for any further questions. Please do not hesitate to contact me if needed.
Best regards,
Uwe Herrmann, Attorney at Law
