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Drafting a Will (Testament) is a crucial step in ensuring your assets and property are distributed according to your wishes upon your passing. In Leipzig, as in the rest of Germany, Will & Testament law is governed by the German Civil Code (Bürgerliches Gesetzbuch, or BGB). The law lays down specific requirements for how Wills must be prepared, executed, and enforced to be considered valid. Understanding these rules is essential for anyone looking to set their affairs in order or manage the inheritance process.
While it is possible to draft a simple Will on your own, there are many situations where seeking professional legal advice is highly recommended:
A lawyer specializing in inheritance law (Erbrecht) in Leipzig can provide guidance, ensure compliance with all legal requirements, and help you avoid costly mistakes.
Some key aspects of German Will & Testament law applicable in Leipzig include:
A Will must be either entirely handwritten and signed by the testator or notarized by a German notary. It should clearly express the testator's distribution wishes and be dated. Typed or unsigned Wills are invalid unless notarized.
Yes, foreigners can make a Will in Germany, but cross-border inheritance may involve additional legal considerations. Consulting a lawyer helps ensure your Will is recognized both in Germany and abroad.
While you can exclude relatives from your Will, German law provides certain close family members with a "Pflichtteil" (forced share) that cannot be taken away except in rare, serious circumstances.
If you die intestate (without a Will), your estate is distributed according to the German rules of succession, prioritizing spouses and relatives in a set order.
Not necessarily. You can write your Will by hand and sign it. However, involving a notary adds legal security and can help avoid doubts during probate.
Proper estate planning with a lawyer can help reduce inheritance tax, for example by exploiting tax-free allowances, making gifts during your lifetime, or structuring your Will appropriately.
Heirs usually need an Erbschein (certificate of inheritance) from the local probate court (Nachlassgericht) in Leipzig to access bank accounts or transfer property. A lawyer can assist in this application.
Yes, you can revoke or amend your Will at any time, as long as you are mentally capable. The most recent valid Will generally takes precedence.
This depends on several factors, including your nationality, residence, and content of the Will. A lawyer can help verify its validity or assist in drafting a supplementary Will for your assets in Germany.
Heir disputes are resolved by the probate court, but they can be costly and lengthy. Having a clear, professionally drafted Will reduces the risk of disputes. A lawyer can mediate or represent you in inheritance conflicts.
If you are considering making a Will, revising an existing one, or are involved in an inheritance matter in Leipzig, begin by assessing your specific needs and gathering all relevant information about your assets, beneficiaries, and family situation. For most cases—especially those involving complexity or potential disputes—contacting a lawyer specializing in inheritance law is a wise decision. They can guide you through the legal process, help you draft or review documents, and represent you before the probate court if necessary.
To find a suitable legal professional, you can:
Bring all related documentation for your initial consultation, and don’t hesitate to ask about costs, procedures, and any questions specific to your personal situation. Proper legal advice ensures your wishes are respected and your loved ones are protected.
