How can I draft my will legally?
March 26, 2022 | 50,00 EUR | answered by Nina Koch
Dear lawyer,
I am contacting you because I am unsure about how to draft my will in a legally secure manner. My name is Lucas Ehlert and I am 58 years old. I do not have any direct heirs and I would like to leave my estate to specific individuals and organizations. However, I have heard that a will must meet legal requirements in order to be valid in case of emergency.
I have not yet drafted a will because I am unsure about how to proceed. I want to ensure that my last wishes are respected and implemented. I am concerned that my estate may not be distributed as desired if my will is not legally secure.
Therefore, my question to you is: How can I draft my will in a legally secure manner? What formalities should I consider and what points should I definitely include to ensure that my last wishes are valid? Are there specific wordings that I should use to avoid misunderstandings or disputes among potential heirs?
I would be very grateful if you could provide me with comprehensive advice on this matter so that I can draft my will in a legally secure manner.
Thank you in advance.
Kind regards,
Lucas Ehlert
Dear Mr. Ehlert,
Thank you for your inquiry regarding the legally secure drafting of a will. It is understandable that you are thinking about the distribution of your assets and want to ensure that your last will is respected.
In order to draft a will that is legally secure, there are some formalities and points that you should consider. First and foremost, it is important that a will is handwritten. You cannot simply type a text on the computer and print it out, but must write the will by hand. It is also advisable to specify the date and place of the creation of the will to ensure that the will is current.
Furthermore, you should definitely include your full name and address in the will to ensure that your will is clearly identifiable. It is also important that you clearly name your heirs and indicate their connection to you. If you want to appoint specific individuals or organizations as heirs, you should clearly identify them and, if necessary, also provide their address.
To avoid misunderstandings or disputes, it is advisable to formulate your will clearly and unambiguously. Avoid vague formulations or unclear instructions. It may also be helpful to seek advice from a lawyer to ensure that your will is legally sound.
It may also be useful to draft a so-called "Berliner Testament" if you do not have direct heirs. In this case, spouses or life partners mutually appoint each other as sole heirs and jointly determine who should inherit after the death of the last surviving partner. This can help to regulate the distribution of your assets according to your wishes.
Finally, I recommend that you regularly review your will and make any necessary adjustments if your circumstances change. It is also advisable to keep a copy of your will in a secure place and, if necessary, deposit it with the local court.
I hope that this information will help you in the legally secure drafting of your will. If you have any further questions, please do not hesitate to contact me.
Best regards,
Nina Koch
