Mittwoch, 27.03.2024
What can cause a will to fail?
Formalities and practical tips
from
Dr. jur. Bettina Luft gen. PlaisierLawyer
Specialist in family law
Specialist in inheritance law
Give me a call: 0261 - 404 99 82
E-Mail:
As a specialist in inheritance law at caspers mock Anwälte, Dr. Bettina Luft, gen. Plaisier, reports today on possible pitfalls when drafting a will:
- Forms of wills: In general, there are two valid types – handwritten and notarized. Handwritten wills must be written entirely by the testator in their own hand.
- Substitute heirs: The importance of naming substitute heirs should not be underestimated in order to pass on the estate to the desired person if the main heir predeceases them.
- Governing law: The applicable law is determined by the testator's last habitual residence, not by nationality, in accordance with the European Succession Regulation.
- Capacity to make a will: Medical confirmation of testamentary capacity from a specialist may be required to prevent future challenges.
- Professional will probate checking is recommended to ensure that there are no drafting errors.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.