Experience writing a Will in Germany

[alma.freya]

Does anyone have experience writing a Will themselves in Germany without the help of a Notar? I had one written by a lawyer in the UK in the past and it cost 100 GBP. However in Germany the Notar costs are dependent on the value of the Will (why is this, insurance?), and I don't fancy spending a couple of thousand on something I could potentially do myself.

I have no heirs so the current plan is to leave all the money to charity. I understand a Will must be hand written and it can be stored with an Amt for a small fee.

Could I potentially create and store a Will in the UK which would then be used by German authorities when distributing my estate?

[HEM]

I understand a Will must be hand written and it can be stored with an Amt for a small fee.

I have never understood why a German will has to be hand-written when in UK you can type it up (nowadays use
a computer/word processor), get 2 witnesses off the street to sign & its done. German burocracy of course
and opportunity to charge fees.

At least they don't specify that the will must be in German (or is that implicit).

Also - if one made a will whilst resident in UK & subsequently moved eg to Germany at what stage (if at all) does that become "invalid"?

[bethannbitt]

If one resides in Germany, holds a citizenship in a different country or countries, has a legally binding will from that country, and specifies that said will is to take precedence then all is fine. The devil is in the details. My US will meets such criteria. Any associated problems will be left to my heirs.

[MadAxeMurderer]

I've received some advice on this topic. Normally you go to a lawyer in the country you reside in, and he/she draws up the will you want, gets it properly signed, and holds on it. I guess reading it to the beneficiaries when you are dead.

If you have assets say property in multiple countries, you should have a will drawn up by a local lawyer in each country where assets are to be disposed of. It seems obvious but was not stated that the lawyers in each country should know about each other.

Alternatively you can do a holographic will. A holographic will is handwritten. And signed in front of a witness.

At least in a John Grisham novel there were 2 holographic wills. The second was for a missionary living in the deep jungle. It was certified and held by a notary in the closest city who verified said missionary had signed it, but had no opinion on what had been signed. Just who signed it.

However I heard about holographic wills from a lawyer specialising in expat wills. I asked her could I pay her to proof read my holographic text, which I'd then handwrite when it was correct. But she said she doesn't do that. Either draws up the will or nothing.

[Sam-I-Am]

I was advised by my solicitor for my UK will (James McKenzie Ltd) that they could only cover UK-based assets and that a separate will needs to be drawn up in each country where any local assets are held.

Also the executor or trustee of an estate, as envisioned in Anglo-American law, is basically unknown to German law (source)

So seems there is conflicting info... check your own specific will provider I guess.

Q: If you died in Germany with no will where does your assets go? Knowing German love of rules I guess there must be an equivalent of the UK Intestate succession rules Seems it relates to nationality

Quick search has one piece of info:

Under the German law relating to conflicts of laws, any succession will be governed by the laws of the nationality of the decedent. Accordingly, the German Surrogate’s Court with jurisdiction over the matter will apply German law if the decedent was a German citizen at the time of his/her death; it will apply foreign law in other cases. However, German law will accept any reference back to German law which is provided for in the laws of another country; thus the succession in relation to real estate situated in Germany will be governed by the application of German law if the otherwise applicable legal system so provides.

My takeaway is get a will for each country any assets are in, although it also seems in Germany 2 out of 3 die without a will and rules are clear on what happens to your stuff ...


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BTW James McKenzie solicitor is from here: https://jmwills.co.uk/.... not the James Mckenzie Wikipedia says was an outlaw born in 1820 although to be honest sometimes I'm not so sure!

[alma.freya]

I was advised by my solicitor for my UK will (James McKenzie Ltd) that they could only cover UK-based assets and that a separate will needs to be drawn up in each country where any local assets are held.

Also the executor or trustee of an estate, as envisioned in Anglo-American law, is basically unknown to German law (source)

So seems there is conflicting info... check your own specific will provider I guess.

Q: If you died in Germany with no will where does your assets go? Knowing German love of rules I guess there must be an equivalent of the UK Intestate succession rules Seems it relates to nationality

Quick search has one piece of info:

Under the German law relating to conflicts of laws, any succession will be governed by the laws of the nationality of the decedent. Accordingly, the German Surrogate’s Court with jurisdiction over the matter will apply German law if the decedent was a German citizen at the time of his/her death; it will apply foreign law in other cases. However, German law will accept any reference back to German law which is provided for in the laws of another country; thus the succession in relation to real estate situated in Germany will be governed by the application of German law if the otherwise applicable legal system so provides.

My takeaway is get a will for each country any assets are in, although it also seems in Germany 2 out of 3 die without a will and rules are clear on what happens to your stuff ...


---
BTW James McKenzie solicitor is from here: https://jmwills.co.uk/.... not the James Mckenzie Wikipedia says was an outlaw born in 1820 although to be honest sometimes I'm not so sure!

Great diagram. So currently it would go to my wife until our divorce is completed. Then it will go to the descendants of my grandparents, that is my aunts and uncles (and maybe cousins also get a share?).

I think I'll write a holographic will and store it at the local court. I just don't know who should get the money. Ideally it can all be left to a charity. Perhaps some charities also aid in the writing of a will providing they receive a share.

[Escafusa]

I think I'll write a holographic will and store it at the local court. I just don't know who should get the money.

Bear in mind you might want to alter it later on to include your new partner.

[alma.freya]

I think I'll write a holographic will and store it at the local court. I just don't know who should get the money.

Bear in mind you might want to alter it later on to include your new partner.

Yes that would be something to remember. I also considered the possibility that a local charity e.g Tierheim I choose as the benefactor may not be operating at the time of my death. Perhaps I should choose multiple charities. If one is no longer operational, I assume their share is then split among the other benefactors.

[Fraufruit]

Perhaps I should choose multiple charities. If one is no longer operational, I assume their share is then split among the other benefactors.

Just specify clearly in your will.