How can I ensure that my last will is legally valid?
May 4, 2022 | 40,00 EUR | answered by Felix Richter
Dear lawyer specializing in inheritance law,
My name is David Werner and I am facing the challenge of legally formulating my last will. I am 65 years old, have two adult children, and have been married to my wife for 30 years. In my will, I want to stipulate how my estate should be distributed and ensure that my loved ones are financially secure after my passing.
My main concern is that my last will can be enforced without any problems or disputes. That is why I am unsure about which formulations and regulations I should make to be legally secure. I want to avoid any uncertainties or disputes after my death that could burden my family.
I have already researched some information on inheritance law, but I am unsure about how to apply it correctly in my specific case. Therefore, I am reaching out to you with the question: How can I ensure that my last will is legally valid and will be effectively implemented in case of need? What specific steps do I need to take to legally formulate my will and avoid potential errors?
I look forward to your professional advice and thank you in advance for your support.
Sincerely,
David Werner
Dear Mr. Werner,
Thank you for your inquiry and your trust in my expertise as a lawyer specializing in inheritance law. It is understandable that you are concerned about how to legally establish your last will to ensure that your loved ones are provided for after your passing and to avoid any disputes.
To ensure that your last will is legally valid and can be effectively implemented in case of need, there are some important steps you should consider. Firstly, it is advisable to draft a will in which you clearly and unambiguously specify how your assets should be distributed. You should make sure to comply with all legal formal requirements. A handwritten will is generally valid as long as it is written, dated, and signed by hand.
In your case, being married and having two children, for example, you can appoint your spouse as the sole heir and allocate a compulsory portion to your children. You can also specify specific bequests, such as leaving certain items or amounts of money to particular individuals. It is important to clearly articulate your wishes to avoid any misunderstandings.
Furthermore, I recommend seeking advice from a notary and depositing your will there. A notarized will has the advantage of being easier to prove in case of death and offering fewer opportunities for contestation.
It is also advisable to regularly review whether your will still reflects your current wishes and to make any necessary adjustments as needed. Especially in case of changes in the family, such as births, deaths, or divorces, you should update your will.
In conclusion, by using clear and unambiguous language, adhering to legal requirements, and seeking advice from a professional, you can ensure that your last will is legally valid and can be implemented without any issues in case of need.
I hope this information is helpful to you and I am at your disposal for any further questions.
Best regards,
Felix Richter, Lawyer specializing in inheritance law
