Last Will and Testament Lawyers in Frankfurt and throughout Germany

Around 20 percent of privately drafted wills are invalid due to formal errors. A missing signature, a typed document instead of a handwritten will or ambiguous wording may seem like minor issues. However, they can result in the deceased’s final wishes not being legally recognised. German intestacy rules will then apply, and your estate may not be distributed as you intended.

As experienced last will and testament lawyers, we help you arrange your estate in accordance with your wishes and the requirements of German inheritance law. We have many years of experience in drafting all types of wills, including complex arrangements for business succession.

Contact us to arrange a no-obligation initial consultation. We advise and represent clients at our offices in Frankfurt am Main and Berlin as well as throughout Germany.

Our Legal Services for Drafting a Last Will and Testament

As German-certified specialist lawyers for inheritance law, we provide comprehensive advice on drafting a clear, legally valid will that accurately reflects your intentions. Our services include:

• Legally valid drafting under German law: We ensure that your will complies with current statutory requirements and relevant case law, reducing the risk of future challenges.

• Avoiding formal errors and ambiguity: Through precise wording and careful legal review, we ensure that your final wishes are recorded clearly and effectively.

• Tax-efficient estate planning: We help you structure your estate in a way that may reduce German inheritance tax liabilities and make effective use of available allowances and exemptions.

• Preventing inheritance disputes: We draft clear provisions, appointments of heirs and legacies that significantly reduce the risk of disputes between beneficiaries.

• Business succession planning: When business assets or company shares are to be transferred, we develop a tailored will that supports an orderly succession in accordance with your wishes. We consider tax implications, potential disputes between heirs or shareholders and the long-term continuity of the business.

• Tailored legal advice: Whether your situation involves a complex family structure, business succession or specific inheritance arrangements, we develop a solution tailored to your personal and financial circumstances.

With our support, you receive a will designed to protect your assets, provide clarity for your beneficiaries and ensure that your final wishes are implemented as reliably as possible.

Why You Should Consult a Lawyer about Your Will

Without a valid will, German law determines who inherits your estate. Children and spouses are among the principal statutory heirs, but the resulting distribution often does not reflect the deceased’s individual wishes. Blended families, unmarried partners and business owners planning their succession face particular challenges that the statutory rules may not adequately address.

As specialist lawyers for inheritance law, we do more than review whether your will complies with the required formalities. We analyse your assets and personal circumstances, help you structure your estate in accordance with your objectives and identify opportunities to reduce the inheritance tax burden on your beneficiaries.

This can be particularly important when transferring a business or company shares. Careful planning may be essential to implement your wishes, protect key assets and secure the future of the company.

Professional legal advice can make the difference between a legally robust will and years of disputes between family members.

Another important advantage of consulting an experienced will lawyer is the opportunity to structure your estate in a tax-efficient manner. German inheritance law and tax law are closely connected. A carefully drafted will can therefore make a significant contribution to reducing inheritance tax liabilities and preserving family or business assets.

What Sets Our Law Firm Apart

Choosing the right legal adviser for your will has a direct impact on the quality of the advice you receive and the legal certainty of your testamentary arrangements.

• Many years of experience in inheritance law and will drafting: As specialist lawyers for inheritance law, we have extensive experience in drafting wills for clients with a wide range of family structures and financial circumstances.

• Comprehensive advice on all types of wills: Whether you require an individual will, a joint will for spouses such as a Berlin will, a Sylt will, a special-needs will or a business owner’s will containing succession provisions, we understand the particular legal implications of each arrangement.

• Local expertise in Berlin and Frankfurt: Our law firm has extensive experience in the major commercial centres of Berlin and Frankfurt am Main. We are familiar with the procedures of the local probate courts and can tailor our advice to the relevant practical and procedural circumstances.

• Additional expertise in German tax law: As lawyers with specialist expertise in tax law, we also advise you on the tax-efficient structuring of your will. We help you reduce inheritance tax exposure, avoid tax-related pitfalls and preserve as much of your estate as possible.

• Transparent fees and fair pricing: Before we begin our work, you receive a clear estimate of the anticipated legal fees, without hidden costs.

• Personal advice from experienced lawyers: You will have a dedicated lawyer who remains your point of contact for all matters relating to your will and estate planning.

The Fundamentals of Drafting a Will under German Law

A will is one of the principal legal instruments for recording a person’s final wishes and determining how their assets are to be distributed after death. Several fundamental requirements must be considered to ensure that the will is both legally effective and sufficiently clear.

Compliance with the Formal Requirements

Unless the will is executed before a notary, it must generally be written and signed entirely by the person making the will.

A handwritten will requires the testator to write the complete document by hand and sign it personally. The document should also include the place and date on which it was made. Compliance with the statutory formalities is essential to establish the validity of the will.

The testator must also have testamentary capacity. At the time the will is made, the testator must be mentally capable of understanding the meaning and consequences of the testamentary provisions and acting accordingly. Otherwise, the will may be challenged or declared invalid.

Clear and Unambiguous Wording

The appointment of heirs, legacies and other testamentary provisions must be expressed clearly and consistently. Ambiguous or contradictory language can lead to disputes over interpretation and, in the worst case, prolonged litigation between heirs.

Professional legal advice helps you avoid these problems and ensures that your final wishes are recorded as precisely as possible.

German inheritance law also provides for different forms of testamentary arrangements. These include an individual will, a joint will made by spouses and an inheritance agreement. Each option has different legal effects and may create different levels of commitment or restriction.

The appropriate arrangement should therefore be selected according to your personal circumstances, family situation and long-term objectives.

Compulsory-Share Claims

Potential compulsory-share claims must also be considered. Under German law, certain close relatives, particularly children and spouses, may be entitled to claim a minimum financial share of the estate even if they have been excluded from the will or receive less than their compulsory entitlement.

Forward-looking estate planning can help anticipate these claims, protect the liquidity of the estate and reduce the risk of future disputes.

Special Considerations for Business Succession through a Will

Business succession places particular demands on the drafting of a will. Unlike the transfer of private assets, it often requires complex company structures, shareholder relationships, financing requirements and tax implications to be considered.

A specialist lawyer for inheritance law can help you develop a tailored succession arrangement that protects the continued operation of the business while reducing the risk of disputes between heirs or shareholders.

The will should contain clear provisions governing the transfer of company shares or business assets. Potential compulsory-share claims should also be considered to prevent substantial payment obligations from placing financial pressure on the company.

Business owners’ wills frequently use instruments such as partition directions or arrangements involving prior and subsequent heirs to manage the succession and allocation of assets effectively.

Tax planning also plays a decisive role. Careful testamentary structuring may reduce inheritance tax liabilities and make optimal use of available allowances and tax reliefs. Our combined expertise in inheritance law and tax law enables us to address these closely connected issues when developing business succession arrangements.

Should You Consult a Lawyer or a Notary when Making a Will?

Lawyers and notaries both play important roles when a will is created under German law. However, their functions and professional responsibilities differ.

An inheritance lawyer advises you on your individual objectives, the available legal arrangements and the potential tax consequences of your estate plan. Your lawyer can develop a strategy based on your interests and help you express your final wishes in clear and legally effective language.

A lawyer can also advise you on the interpretation of an existing will and represent you in disputes, challenges or other inheritance proceedings. The advice can be tailored comprehensively to your personal, family and financial circumstances.

A notary is responsible for preparing and formally recording a notarised will. The notary provides neutral legal advice, records the testamentary declaration and arranges for the will to be registered with the German Central Register of Wills. The original document is placed in official custody so that it can be located and opened after the testator’s death.

A notarised will provides a high level of formal legal certainty and substantially reduces the risk of formal errors. However, a notary must remain neutral and cannot represent the interests of one party in the same way as a lawyer acting exclusively for a client.

Many clients benefit from combining both services: strategic and individual advice from a specialist inheritance lawyer, followed by notarisation where appropriate. This helps ensure that the will is optimally structured in terms of both its content and its formal execution.

Frequently Asked Questions

Arrange Your Initial Consultation Today

Without a legally valid will, German intestacy rules may take the place of your individual wishes. Your estate could then be distributed in a way that you did not intend.

Addressing your estate planning at an early stage allows you to protect your beneficiaries, preserve important assets and secure the future of the business or personal legacy you have built.

As specialist lawyers for German inheritance law and tax law, we are available to advise you at our offices in Frankfurt am Main and Berlin as well as throughout Germany.