What are the requirements for a valid will?
July 21, 2024 | 50,00 EUR | answered by Christiane Melzer
Dear lawyer,
My name is Wilhelm Meier and I am facing the difficult task of drafting my will. I want to ensure that my last wishes are truly carried out after my passing and that there are no disputes among my heirs. Therefore, I am wondering what exactly the requirements are for a valid will.
Currently, I have not yet written a will and I am unsure about the best way to proceed. I want to ensure that my assets and possessions are fairly distributed after my death. Additionally, I have specific wishes regarding certain bequests that I would like to include in my will.
My biggest concern is that my will may not be legally valid and as a result, there may be disputes among my heirs. Therefore, I am urgently seeking professional advice to ensure that my last will is legally correct and aligns with my wishes.
Could you please explain to me in detail what requirements a will must meet to be considered valid? Are there specific formalities that I must adhere to? How can I ensure that my will is actually implemented in case of need?
Thank you in advance for your help and support.
Sincerely,
Wilhelm Meier
Dear Mr. Meier,
Thank you for your inquiry regarding the requirements for a valid will. I can assure you that it is very important to formulate your last will in a legally valid and clear manner in order to avoid possible disputes among your heirs.
First and foremost, I would like to emphasize that there are basically two types of wills: the handwritten will and the public will. Both forms have certain requirements that must be met in order for the will to be considered legally valid.
The handwritten will must be completely handwritten and signed by hand. It is important that the will is clearly and unambiguously formulated to avoid any misunderstandings. Additionally, the will should be dated and signed to ensure its currency. It is advisable to keep the handwritten will in a safe place and, if necessary, deposit it with a notary.
The public will is drafted in the presence of a notary or a court official and recorded by them. It is important that the testator declares in the presence of two witnesses that it is their last will. The public will is recorded, certified, and deposited in the Central Will Registry by the notary or court official.
In addition to the formal requirements, it is important that the will is clearly and unambiguously formulated. You should specify exactly who your heirs are and how your assets should be divided. If you have specific legacies or conditions, these should also be clearly stated in the will.
To ensure that your will is implemented in case of need, it is advisable to consult an experienced lawyer. A lawyer specialized in inheritance law can help you draft your will in a legally secure manner and avoid potential disputes.
I hope that this information has been helpful to you. If you have any further questions or need professional assistance, please do not hesitate to contact me.
Sincerely,
Christiane Melzer, Attorney at Law
