Do I need to have my will notarized?
May 13, 2022 | 40,00 EUR | answered by Uwe Herrmann
Dear estate lawyer,
my name is Dietrich Huber and I have a question regarding my will. I recently drafted my will, in which I specified how my estate should be divided. However, I am unsure if I need to have the will notarized.
Currently, my will is safely stored at home in my closet. I wrote and signed it myself. Now I am wondering if this form of establishment is sufficient or if I should have it notarized.
My concerns are that in the event of my passing, my will could potentially be contested or declared invalid because it is not notarized. I want to ensure that my last wishes are respected and implemented, and that there are no disputes among my heirs.
Could you please explain to me if I need to have my will notarized and what advantages and disadvantages this entails? Are there any alternatives or other ways to make my will legally secure?
Thank you in advance for your support and advice.
Sincerely,
Dietrich Huber
Dear Mr. Huber,
Thank you for your inquiry regarding your will. It is understandable that you are concerned about whether your will is legally secure and whether you should have it notarized. In Germany, it is generally possible to write and sign a will by hand without it having to be notarized. This form is called a holographic will.
A holographic will must meet certain formal requirements in order to be valid. This includes being handwritten and signed by you. It should also include the place and date of the will's creation. If your will meets these requirements, it is generally valid.
However, in practice, problems may arise if the will is found after your death and your heirs have doubts about its authenticity or validity. In such cases, notarizing the will can help prevent disputes among the heirs. Notarizing the will confirms the authenticity and correctness of the will, making it less likely to be contested.
Another advantage of notarizing the will is that the notary will keep a copy of the will and inform the heirs upon your death. This ensures that your final wishes are known and can be carried out.
However, there are also disadvantages to notarizing the will. Firstly, there are costs involved that you must pay for the notarization. Additionally, if there are changes to the will, you may need to go back to the notary to have them notarized.
If you are unsure whether you should have your will notarized, I recommend seeking individual advice. An estate lawyer can assess your personal situation and provide you with tips on how to best structure your will to avoid disputes.
I hope this information is helpful to you. If you have any further questions, please feel free to contact me.
Sincerely,
Uwe Herrmann
Estate Lawyer
