How can I ensure that my will is legally valid?
July 21, 2022 | 40,00 EUR | answered by Uwe Herrmann
Dear Attorney specializing in inheritance law,
My name is Bernd Wunderlich and I have a question regarding my will. I have been working on creating my will for some time now, as I want to clearly regulate my financial affairs and ensure that my wishes are respected after my passing. However, I am unsure if my will is legally valid and if it could potentially be contested.
My current situation is as follows: I am married, have two children, and own a home as well as a substantial amount of assets. Since I want to ensure that my family is provided for after my death and that my assets are fairly distributed, I have started drafting my will. I have extensively studied inheritance law, but I am unsure if I have correctly met all legal requirements.
My biggest concern is that my will may not be legally valid in case of an emergency, leading to disputes within my family. Therefore, it is very important to me to ensure that my final wishes are clearly and unambiguously formulated and meet all legal requirements.
My question to you is: How can I ensure that my will is legally valid and prevent any potential legal issues in the future? Are there specific wordings or legal requirements that I need to consider in order to make my will legally valid? I am grateful for your help and support on this important matter.
Sincerely,
Bernd Wunderlich
Dear Mr. Wunderlich,
Thank you for your question regarding your will. It is understandable that you are concerned about whether your will is legally valid and whether it could be contested. It is important that your last will is clearly and unambiguously formulated to avoid disputes within your family and ensure that your assets are distributed according to your wishes.
To ensure that your will is legally valid, there are a number of legal requirements that you must consider. First and foremost, a will must be written down. It must be handwritten by you personally and signed by hand. It is important that the will does not have any formal errors, as this could affect its validity.
Furthermore, in the will you should clearly and unambiguously specify who your heirs are and how your assets should be distributed. For example, you can name specific individuals to whom you want to leave assets or specific items. It is advisable to also mention possible heirs who you intentionally exclude from the inheritance.
Additionally, you should consider that there may be statutory compulsory portion claims that must not be affected by your will. This means that close relatives such as spouses and children may still have a claim to a portion of your assets, even if they are not mentioned in the will. It is important that you consider these legal regulations and make appropriate provisions if necessary.
It may also be helpful to seek advice from an experienced inheritance lawyer to ensure that your will is legally valid and reflects your wishes. A lawyer can assist you in drafting your will, clarify legal questions, and avoid potential disputes.
Overall, it is important that you carefully and conscientiously draft your will to ensure its legal validity and to clearly reflect your last will in case of need. I hope this information helps you and I am available for any further questions.
Sincerely,
Uwe Herrmann
