Notarised Will – Notary in Berlin

Notarised Will in Berlin – Legal Certainty for Your Estate

A notarised will drawn up by a notary in Berlin gives you a legally binding way to determine the succession of your estate. Plan the transfer of your assets with confidence and clarity. A notarised will allows you to set out your final wishes in a binding manner and prevent disputes among your heirs. Our notary and lawyers in Berlin support you in drafting your will in a legally secure and individually tailored way – so that your wishes and assets are carried out exactly as you intend.

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Depositing Your Will – We Support You on All Inheritance Law Questions

Would you like to ensure your spouse is provided for and your assets are fairly distributed among children, stepchildren, friends, and others – departing from the statutory order of succession? Then a notarised will is the right choice.

Grischa Sebastian Franke, your notary for wills in Berlin, is happy to assist you and will prepare a notarised will together with you.

What Is a Notarised Will?

A notarised will is a testamentary disposition drafted by a notary. It provides a legally binding way to record a person’s final wishes. The notary ensures that the will meets all legal requirements and that the testator’s wishes are expressed clearly and unambiguously. This helps you avoid inheritance disputes and distribute your assets according to your intentions. Unlike a privately handwritten will, a notarised will is always registered with the Central Register of Wills (Testamentsregister) and placed into official custody at the probate court. This guarantees that the will is found upon the testator’s death. We provide comprehensive advice on all questions relating to inheritance law and support you in drafting your will with full legal certainty.

Who Can Make a Notarised Will?

In principle, any person with testamentary capacity can make a notarised will. Under Section 2229 of the German Civil Code (BGB), testamentary capacity requires that a person: is at least 16 years old, is mentally capable of understanding the significance of their decisions. Expert tip: It is therefore advisable to seek professional advice early. An experienced notary can help avoid common formal errors and ensure that your final wishes are recorded clearly and with full legal effect.

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Why Deposit a Notarised Will in Berlin?

A notarised will offers numerous advantages over a handwritten will. It is certified by a notary and meets the highest legal standards. This helps you avoid problems such as formal errors or ambiguities that can arise with a privately drafted will. In addition, the document is securely deposited in the Central Register of Wills and at the competent probate court. Benefits at a glance: Legal certainty: A notarised will complies with all statutory requirements and is very difficult to challenge. Clear distribution of assets: Avoid family disputes through unambiguous provisions. No separate probate certificate needed: A notarised will generally serves as proof of inheritance in its own right. With the expert guidance of a notary in Berlin, you ensure that your final wishes are clearly documented and reliably carried out — for worry-free estate planning and the protection of your loved ones.

What Does a Notarised Will Contain?

A notarised will serves as a legally binding foundation for estate planning and contains clear provisions that document the testator’s final wishes. The following elements are typically included: Introduction: The testator is named, and it is declared that this represents their last will. This establishes legal clarity and gives the will a clear identity. Heirs: The designated heirs are listed in detail, including their names and, where applicable, their relationship to the testator. This clearly defines the order of succession and helps prevent disputes. Legacies (Vermächtnisse): If the testator wishes to leave specific assets or items to particular individuals, these are expressly stated in the will — for example, real estate, tangible assets, or sums of money. Conditions (Auflagen): The testator may impose conditions on the heirs that they must fulfil, such as specific requirements or obligations regarding the use of the estate. Executor (Testamentsvollstrecker): If desired, an executor can be appointed. This person oversees the proper implementation of the will and can assist, for example, with managing assets or fulfilling legacies. Final provisions: Any further instructions or wishes of the testator are recorded here, such as special arrangements for the estate or personal messages to the heirs. Notarial certification: The notary confirms with their signature that the testator was of sound mind and that the will was made voluntarily. This guarantees the legal validity of the document. A notarised will ensures clear provisions and a legally sound succession of assets. It is centrally registered in the Register of Wills, guaranteeing that it is reliably found and carried out in the event of death.

Why Should You Choose a Notarised Will?

As part of our comprehensive notarial services, you receive individually tailored and legally sound advice to clearly formulate your final wishes and record them in a binding manner.

While a notarised will – unlike a handwritten will – involves fees, it offers several important advantages:

Legal certainty / greater protection against challenges
Clear wording The notary helps formulate your final wishes clearly and unambiguously, reducing misunderstandings and disputes among heirs.
Individual and expert advice A notary takes your needs and wishes into account, shows you different options for structuring your will, and points out potential pitfalls to be aware of.
Central registration Notarised wills are registered in the Central Register of Wills, making them easy to locate after the testator’s death.
No probate certificate required A notarised will generally serves as proof of inheritance. This means your heirs do not need to apply for a separate – and costly – probate certificate.
Avoidance of formal errors Handwritten wills are prone to formal errors that can render them invalid. A notarised will is protected against such mistakes.

In addition to drafting wills, agreements such as waiver of inheritance (Erbverzicht) and waiver of compulsory share (Pflichtteilsverzicht) can also be notarially certified to prevent future inheritance disputes.

In short:

Alongside will drafting, Notary Franke also advises on related matters such as prenuptial agreements, helping you comprehensively safeguard your personal and financial situation.

What Is the Process for a Notarised Will in Berlin?

The process for a notarised will involves several steps. Here is a general overview: Preparation: Consider what you would like to set out in your will. This includes the heirs, any legacies, and any special wishes. Choose a notary: Find a notary who can help you draft the will. In Germany, notaries are publicly appointed and sworn officials who draft and certify legal documents. Initial consultation: In your first meeting with the notary, you explain your wishes and intentions. The notary will provide legal information and ensure your wishes can be implemented. Drafting the will: The notary prepares a draft based on your instructions. This may require several discussions to clarify all the details. Review of the draft: You have the opportunity to review the draft and request changes before the will is finalised. Notarial certification: Once you are satisfied with the draft, the will is made official through notarial certification. The notary reads the will aloud and explains its contents. Signing: You and the notary sign the will. As a rule, two witnesses must also be present and sign. Custody: The notarised will is securely stored by the notary. You receive a certified copy for your records. Amendments or revocation: If your circumstances change (e.g. marriage, divorce), you can have your will amended or revoked at any time. It is advisable to contact a notary early to ensure that your final wishes are recorded clearly and in a legally binding manner.

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What our clients say about us

Jonas

I am very satisfied with my will.

Ayla

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What Are the Costs / Fees for a Notarised Will?

The fees for a notarised will are determined by the statutory fee schedule for notaries. The amount depends on the testator’s assets. The following table provides an overview:

Assets	Individual will	Joint will / Inheritance contract
€10,000	€75	€150
€25,000	€115	€230
€50,000	€165	€330
€250,000	€535	€1,070
€500,000	€935	€1,870

A practical note:

The costs of a notarised will are a worthwhile investment, as they permanently secure your final wishes. Through expert certification and deposit with the notary, you avoid later ambiguities or disputes among heirs. You are investing not only in legal certainty but also in long-term peace within your family.

Those wishing to plan ahead may also consider a gift (Schenkung). Transferring assets during your lifetime can offer tax advantages and simplify the later estate settlement.

Legal Certainty and Trust with Your Notary for Wills in Berlin

A notarised will provides you with the highest level of legal certainty and avoids ambiguities in the succession of your assets. Well-considered estate planning can help optimise inheritance tax and reduce the financial burden on your heirs. With personalised advice from Notary Franke, you can be sure that your final wishes are precisely formulated and implemented in full compliance with the law. In addition to family and inheritance law, we offer a broad range of services: Real estate law — legally secure drafting of purchase contracts and property transfers Corporate law — formation, restructuring, and contract drafting for businesses Online notary — certifications and authentications carried out digitally and regardless of location Civil litigation — advice and representation in civil law matters Criminal law — defence and legal advice in criminal proceedings Trust in expert guidance, discreet support, and the secure custody of your will — for your future and that of your family, with our notary for wills in Berlin.

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Frequently Asked Questions About Wills and Notaries in Berlin

Can I deposit a will at the local court without a notary?

Yes, a handwritten will can be deposited at the local court (Amtsgericht) without a notary. This is done by placing the will into official custody, which protects it from loss or forgery. However, a handwritten will carries risks such as formal errors or unclear wording that can lead to disputes among heirs. A notarised will, deposited at the probate court, offers greater legal certainty and is carefully reviewed by the notary. Depositing a will at the local court involves a small fee and is a sensible precaution.

Why should I deposit my will with a notary?

Depositing your will with a notary offers numerous advantages. It guarantees that the will is legally correct, as the notary checks all statutory requirements and eliminates potential sources of error. In addition, the notarised will is recorded in the Central Register of Wills and is automatically forwarded to the competent probate court when the testator passes away. This prevents the document from being lost or remaining undiscovered. Furthermore, the testator’s individual wishes can be implemented precisely, helping to prevent disputes among heirs.

Which probate court in Berlin is responsible?

The competent probate court depends on the testator’s last place of residence. Berlin has several local courts — including Charlottenburg, Mitte, and Neukölln — each responsible for specific districts. Jurisdiction can be clarified by contacting the Register of Wills or the local court. If the will was deposited with a notary, the notary forwards the probate certificate application directly to the competent probate court. This considerably simplifies the process for the heirs.

How does a joint will (Berliner Testament) work?

A joint will (Berliner Testament) is a special form of mutual will created jointly by married couples or registered civil partners. The partners appoint each other as sole heirs, while the joint children only inherit after the death of the surviving partner. The advantage is that the surviving spouse remains financially secure. A joint will must be either handwritten or notarised, with a notarised version offering additional legal certainty and helping to avoid potential disputes. An important rule is that both partners can only make changes jointly.

What should a joint will (Berliner Testament) include?

A joint will should clearly set out the mutual appointment of the spouses as heirs and name the final heirs — typically the joint children. It may contain additional provisions, such as compulsory share penalty clauses (Pflichtteilsklauseln), to minimise disputes with those entitled to a compulsory share. Conditions or legacies that allocate specific assets to individual heirs are also important. It is advisable to designate substitute heirs in case a named heir predeceases the testator. Legal advice from a notary or inheritance law lawyer helps ensure the joint will is individually tailored and legally sound.