Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Will & Testament law in Hildesheim, as in the rest of Germany, is governed by the Bürgerliches Gesetzbuch (BGB - German Civil Code). These laws address how a person's assets and property are to be distributed upon their death. Making a will (Testament) allows individuals to declare their wishes regarding inheritance, appoint executors, and ensure certain people or causes are looked after. Without a valid will, German intestate succession rules apply, potentially distributing assets contrary to the deceased's preferences. Hildesheim residents benefit from a structured legal framework, accessible legal professionals, and notarial services to ensure their testamentary documents are valid and reflect their wishes.
Seeking legal advice when drafting or updating a will is highly recommended in Hildesheim. Common situations where you might need professional help include:
A lawyer can clarify your options, prevent costly mistakes, and ensure your intentions are upheld after your passing.
In Hildesheim, Will & Testament matters are subject to national German law, but local courts (Amtsgericht Hildesheim) handle the validation ("Eröffnung") and administration of estates. Key aspects include:
A handwritten will must be written entirely in your own handwriting, signed, and dated. A notarized will is created with a notary, who ensures compliance with legal requirements and can store the original securely. Notarized wills reduce the risk of legal disputes and make probate faster and more straightforward.
If there is no will, German intestacy rules apply, generally prioritizing spouses, children, and then wider family (parents, siblings). Spouses inherit alongside children, not to the exclusion of them.
While you can disinherit close relatives, they are typically entitled to a "Pflichtteil" (forced share), which is half the value they would receive under intestacy. This right exists for children, spouse, and sometimes parents.
Registration is not mandatory, but highly recommended for notarial wills or important documents, ensuring they are found and executed after your death. Registration is usually handled by your notary and entered in the Zentrales Testamentsregister.
You can revoke your will anytime by creating a new one or destroying the old one. It's important to clearly state your intention to revoke or update prior wills. For complex changes, seek legal advice.
German law may recognize foreign wills if they comply with the law of the country where they were made or the deceased’s nationality at the time. However, consulting a local lawyer is vital to ensure validity and enforceability in Hildesheim.
The "Berliner Testament" is a joint will made by spouses, commonly naming each other as sole heir, and their children as ultimate heirs after the second parent passes. It has specific rules and may not always be best for complex family situations.
Inheritance disputes are typically handled by the local probate court (Nachlassgericht) at the Amtsgericht Hildesheim. Mediation or legal representation is advised in complicated or contentious situations.
Inheritance tax rates depend on the value of the inheritance and the heir’s relationship to the deceased, ranging from 7% to 50%. Spouses and children get larger exemptions; more distant relatives pay higher rates and have smaller tax-free allowances.
While not legally required, using a lawyer ensures your will complies with all legal requirements, is clearly worded, and reduces the risk of disputes or unintentional errors. Notaries are also qualified to provide advice and draft wills.
For further information and support, consider the following resources:
If you need legal assistance regarding Will & Testament matters in Hildesheim, Germany, consider the following steps:
Seeking the guidance of a legal expert ensures your final wishes are respected, your family's interests are protected, and your legacy is passed on as you intend.
