Unfortunately, the will as a testamentary disposition is usually somewhat more complicated today than in earlier times. It is all too easy to overlook legal obligations and requirements due to ignorance of the complicated subject matter, which can thwart the actual last will and testament. A testament should determine as precisely as possible what should happen after one's death and which heirs and legal successors should be appointed - it would be a shame if these stipulations were not realised due to formal errors.
Contact us for legal advice/initial consultation - in person, phone, video call.
A will must either be handwritten or notarised. It must also include a place, date and signature. Although special forms are possible in principle, they also harbour a certain risk. The more complicated your life circumstances, the more complicated the will. If you want to make your will legally secure these days, it is better to rely on the advice of an experienced lawyer.
In practice, asset succession planning by will serves 3 main purposes today:
Given the wealth of legal areas involved here, it is almost impossible for a layperson to gain an overview themselves. When drawing up a will, a lawyer always has an overall optimal solution in mind that best expresses the client's wishes. A lawyer can also provide detailed advice on what other preparations are recommended in addition to the will. Powers of attorney and living wills already in place can save the bereaved a lot of stress and time in the event of death. Likewise, a lawyer who is already involved can quickly and easily assist the descendants with further legal advice.
The matter becomes even more complicated when it comes to bequeathing entire companies and businesses to your descendants in the best possible way, bearing in mind not only your own heirs, but of course also the jobs attached to them. As a lawyer and business economist, I will be happy to help you here.
The specific costs for the preparation of a will by a lawyer are not fixed. A fee agreement is usually made for the necessary legal advice and the actual drafting. This can either be a lump sum or based on the time required. In principle, the time required depends on the complexity of the respective inheritance situation or the amount of the estate.
If the will is to be notarised, the corresponding notary fees will be added. These are staggered according to the size of the estate.
A will drawn up by a lawyer is not automatically filed with the local court and entered in the register of wills. This again incurs fees (currently around €75 and €18). If a will that has already been publicly deposited is to be changed again, fees will be incurred again and the fee agreement with the lawyer handling the will will will also be agreed again.
A handwritten will must be written by the testator. It must contain the place and date of writing and be signed in the testator's own hand. It is recommended that each page of a multi-page will is signed separately. Subsequent changes must be marked separately with the place and date of the change.
A private will is valid if it fulfils the above conditions (handwritten, signed and dated).
You can draw up and keep your private will yourself at no cost, BUT on the one hand you take legal risks with regard to the content and also run the risk that the will may not be found. Legal advice should therefore be sought and the will filed publicly, especially in the case of large estates, complicated degrees of kinship and in particular when inheriting assets that are difficult to divide up, such as property and companies.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise.
+49 (89) / 139 284 10