Drafting a will is one of the most important decisions in private asset and estate planning. Anyone who wishes to ensure that their last will is implemented and that future disputes among heirs are avoided should address the correct form of will early on. German inheritance law recognizes two common variants in particular: the holographic will and the notarized will. Both forms are legally recognized but differ significantly in terms of requirements, costs, legal certainty, and practical implications.
The Holographic Will – Simple, but Prone to Errors
The holographic will is the most commonly used form of last will and testament in practice. It can be drawn up at any time without the involvement of third parties and incurs no immediate costs. However, a prerequisite for its validity is that the will must be entirely handwritten and personally signed. In addition, the place and date should be specified to avoid later interpretation problems.
However, its perceived simplicity carries significant risks. Formal errors – such as a typewritten text or a missing signature – regularly lead to invalidity. In terms of content, holographic wills are also often problematic: unclear formulations, contradictory provisions, or unintended forced heirship consequences are typical points of contention in inheritance disputes.
Furthermore, a holographic will is often not found immediately after death, or doubts arise about its authenticity. This can result in lengthy evidentiary proceedings and significant delays in estate administration. Furthermore, heirs often require a certificate of inheritance, which must be applied for at the probate court either directly or through a notary.
It is therefore always advisable to consult a lawyer, even when drafting a holographic will.
The Notarized Will – Legally Secure and Professional
In contrast, there is the notarial will, which is drawn up before a notary. The testator declares their last will either orally or in writing to the notary, who legally and correctly notarizes it. The notary verifies testamentary capacity, informs about legal consequences, and ensures clear, legally sound wording.
A significant advantage of the notarial will lies in its high evidential value and legal certainty. It is regularly registered with the Central Register of Wills of the Federal Chamber of Notaries, deposited with the local court at the testator’s place of residence, and automatically opened upon death. Forgeries or formal defects are practically excluded.
Moreover, a notarial will can in many cases replace the certificate of inheritance, which saves heirs considerable costs and time. Especially with extensive assets, real estate ownership, or complex family relationships, this is an advantage not to be underestimated.
Costs and Considerations – What Speaks for What?
A frequently cited argument against the notarial will is the cost. These are determined by the Court and Notary Fees Act (GNotKG) and depend on the testator’s asset value. In contrast, while a holographic will is free of charge, it can lead to significant subsequent costs in the event of a dispute, for example, through court proceedings or legal disagreements. Furthermore, the testator only saves costs during their lifetime with a holographic will, as comparable costs arise for the heirs when applying for a certificate of inheritance. Those who have a notarial will generally do not need a certificate of inheritance.
The choice of the correct form of will is therefore always a case-by-case decision. While a simple holographic will may suffice for manageable asset situations, the notarial will offers a significant plus in security, especially in legally complex constellations.
Conclusion
Both the holographic and the notarized will are legally permissible forms of estate planning. However, the decisive factor is not solely the cost, but above all the legal implications and the individual life and asset situation. Expert advice helps to avoid errors and to implement the last will in a legally secure manner. Please feel free to contact me regarding this.
