How can I ensure that my will is legally valid and does not provide grounds for contestation?
January 24, 2022 | 40,00 EUR | answered by Mia Widmann
Dear lawyer,
My name is Hilde Kraftner and I would like to ensure that my will is legally valid and does not provide any grounds for contestation. I have worked hard in my life and want to ensure that my estate is distributed according to my wishes.
Currently, I am in good health, but I want to prepare for any eventualities. My assets consist of a home, various valuable items, and a small amount of money in my account. I have a biological daughter and a stepson from my late husband's marriage. My relationship with both is good, but I want to ensure that my assets are divided fairly.
My concern is that my will may be invalid if it does not meet legal requirements or provides grounds for contestation. I want to ensure that my last will is respected and that there are no disputes or legal issues after my passing.
Can you please explain to me what steps I need to take to ensure that my will is legally valid and does not provide any grounds for contestation? Are there specific wording or regulations that I need to consider? What options are there to ensure that my estate is distributed according to my wishes and that there are no legal problems?
I thank you in advance for your support and advice on this important matter.
Sincerely,
Hilde Kraftner
Dear Mrs. Kraftner,
Thank you for your trust and important question regarding wills and inheritance law. It is understandable that you want to ensure that your last will is legally valid and does not provide any grounds for contestation, in order to ensure that your assets are distributed according to your wishes.
To ensure that your will is legally valid and does not provide any grounds for contestation, there are several important steps you can take. Firstly, it is important that your will is written down. An oral will is not valid in Germany. Your will should also be handwritten, as only wills written in your own hand are valid. It is advisable to include the date and place in your will to ensure that it can be clearly identified.
In your will, you should clearly and unambiguously name your heirs and specify which part of your assets should go to which person. It is advisable to name all possible heirs to avoid disputes. You should also consider that there are statutory inheritance claims that may need to be taken into account.
To ensure that your will does not provide any grounds for contestation, it is important that you are capable of making a will at the time of its creation. This means that you must be of sound mind and write the will free from third-party influences. It is advisable to create the will in the presence of witnesses to prevent later doubts.
Additionally, it may be useful to seek advice from an experienced estate lawyer. A specialist lawyer can help you create a legally secure will and avoid possible grounds for contestation. A lawyer can also assist you in formulating and shaping your will to ensure that it reflects your wishes and is legally sound.
Overall, it is important that you address the issue of wills and inheritance law early on and take all necessary steps to ensure that your last will is respected and that there are no legal issues after your passing.
I hope that this information is helpful to you and I am available for any further questions you may have.
Best regards,
Mia Widmann
