Testamentary Disposition

What is meant under testamentary disposition?

Drawing up a will is the process of establishing the rules for the distribution of the estate after death.

When should a will be made?

There are many things you can do yourself. However, writing a will is not one of them. In this case, it is important to pay attention to detail and, at the very least, seek the advice of a lawyer who specializes in this area of Frankfurt law. Many people shy away from the potential costs, but these are disproportionate compared to those of inheritance law litigation, which should always be avoided. Often, heirs seem to have no problem in squandering unearned assets of their own, only to harm another co-heir, beneficiary of a compulsory share or legatee. Here, with little money, you can safely bequeath self-earned assets through a proven will. Take this opportunity to seek the advice of a competent probate lawyer on the drafting of a will in Frankfurt.

How should a will be drafted?

The drafting of a will depends on the circumstances of each case. Under no circumstances should you use the will of an acquaintance or relative as a model for your own will. Instead, when drafting a will in Frankfurt, contact a lawyer trained in inheritance law in Frankfurt. Even the choice of law exempted by the European Inheritance Regulation (EU Inheritance Regulation) poses difficulties. If, for example, no choice of law is made for an EU citizen living in Germany who does not have German nationality, the inheritance law rules of the state of his or her nationality apply, irrespective of whether or not he or she has assets there. In principle, the will should be drafted as simply as possible to avoid misunderstandings and misinterpretations. Our lawyers specializing in inheritance law in Frankfurt will be pleased to advise you. According to German law, a will requires a form, i.e. if the testator makes his own will, it must be written and signed by him in his own handwriting. A notarial will is necessary in very few cases, as it is of no advantage in the event of a change of circumstances. Instead, in most cases it is sufficient to seek the advice of our experienced inheritance law attorneys in the drafting of wills in Frankfurt.

What should be taken into account when drawing up a will?

In addition to respecting the form (handwritten and signed), care must be taken when drawing up a will to ensure that contributions made during your lifetime by way of anticipated succession are also taken into account in the distribution. When drawing up a will, it is often forgotten to take one’s own care in old age into account in the distribution. For our lawyers specializing in inheritance law, it is part of their daily work in the drafting of wills in Frankfurt to ensure that all legal requirements are met.

Who can dispose of a will in a legally secure manner?

Only testamentary capacity, which differs from legal capacity, is required for the legally secure execution of a will. In the age of electronic communication via Twitter, WhatsApp, email, etc., it is not possible to make a will that is effective in form. Instead, handwritten and hand-signed personal letters in the past used to be a suitable basis for a will. For example, a handwritten letter from grandmother to grandson often contained a bequest promising individual items in the event of death. Therefore, the only option left to you is to draft a handwritten will or have it notarized to determine the last will in a legally secure manner. The ideal way to draw up a will in Frankfurt is through the advice of a lawyer specialized in inheritance law.

Why should I have my will drafted by a lawyer specialized in inheritance law?

There are specialists in every field of law. In the field of law, this is the lawyer for probate. This is a highly specialized area of expertise and involves a great deal of practical experience. This plays a major role in the correct application of the law in particular, as it is often a high cost-price ratio in the absence of a sounder report. A key factor for this special area of law in Frankfurt is its practical experience of this risk and the correct implementation of its own principles.

How much does it cost to draft a will in Frankfurt?

The costs for the drafting of a will depend not only on the actual time spent by the probate lawyer as a consultant, but also on the associated volume of liability and the financial interest of the testator. Within the framework of a first consultation, limited by law to EUR 190 plus VAT, simple cases can often be solved. In any case, the cost framework can be agreed upon during this discussion. There should be no surprises. When drawing up a will in Frankfurt, it is important that our lawyers specializing in inheritance law provide as much transparency as possible on costs.

Where should I keep my will?

Now that the fees for depositing a will with the competent probate court are no longer based on the value of the estate, it is advisable, at the latest after the death of one of the partners, to store the last will not at home, but there for a flat fee of €75. Furthermore, in cases where the will gives access to the future testator’s home to relatives, who would be at a disadvantage with respect to a previous will or intestate succession, it is advisable to refrain from keeping it at home to avoid the possibility of it being stolen. Our lawyers specializing in inheritance law in Frankfurt will also be happy to advise you on this possibility.  

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