Revoking a Will – What Are the Consequences?
Anyone who has made a will can change or completely revoke their last will and testament at any time. What matters is which form of revocation is legally valid and which steps express the testator’s intention beyond doubt. This article explains in plain terms which options German inheritance law provides, when special formalities apply and how to avoid typical mistakes when revoking a will.
Table of contents
At a glance –
revoking a will
A will can be revoked in Germany in several ways, and the revocation should always make the testator’s intention unmistakably clear:
- A new will or a will of revocation
- Deliberate destruction
- Withdrawal from official custody
- Special rules for joint and notarial wills
Which form of revocation makes sense depends on the individual case. In cases of uncertainty or complex assets, legal or notarial advice provides reliable guidance.
Revoking a will – the legal basis
A will can be revoked at any time. The German Civil Code (BGB) provides several clear forms for this, which ensure that the last will is changed or cancelled deliberately. The legal basis is sections 2253 to 2258 BGB. Many of these procedures are governed by clear statutory rules, for example in the Notarisation Act (BeurkG), which regulates the formal duties of the notary.
Revocation under sections 2253–2258 BGB
Under section 2253 BGB, a testator may revoke their will at any time. The revocation can be express or implied, provided it is clearly recognisable that the previous will is no longer to apply.
Forms of revocation
German law provides several ways to validly revoke a will:
- Revocation by a new will: A new last will automatically cancels any conflicting parts of the old will (section 2258 BGB).
- Revocation by a will of revocation: An express declaration cancelling the earlier will.
- Revocation by destruction: Deliberately tearing up, crossing out or otherwise rendering the will unusable (section 2255 BGB).
- Revocation by withdrawal from official custody: If a deposited will is collected from the local court, this automatically counts as revocation (section 2256 BGB).
Which form of revocation is chosen depends on the personal situation and should be unambiguous. Legal advice helps to avoid mistakes and later disputes.
What counts as a valid revocation? (Intention to revoke)
A revocation is only valid if it is made intentionally. The decisive factor is the so-called intention to revoke (animus revocandi). The testator must act in a clearly recognisable manner in order to cancel the earlier will. If this intention is missing, the will remains valid.
The role of the Central Register of Wills (ZTR)
Notarial and deposited wills are recorded in the Central Register of Wills. After a revocation, for example by withdrawal from custody, the register is notified.
Further information is available from the Federal Chamber of Notaries (Bundesnotarkammer).
Destroying a will: what happens when it is torn up, crossed out or burnt?
Deliberately destroying a will is a legally recognised form of revocation. Under section 2255 BGB, a will becomes invalid if the testator revokes it with intent by tearing it up, burning it or rendering it unusable.
Destruction as an act of revocation (section 2255 BGB)
The will loses its validity if the testator destroys it personally and intentionally. The outward act, such as tearing it up or crossing it out, must make it clear that the earlier will is no longer to apply. Clear formal requirements also apply to lifetime transfers such as property transfers. Read more under gifts of property.
When tearing up a will actually makes it invalid
Revocation by destruction is only valid if:
- the original is destroyed,
- the destruction is intentional (intention to revoke),
- the act is carried out by the testator personally.
If the testator tears up the will in front of witnesses, the revocation is beyond doubt.
Case examples: intentional vs. unintentional damage to a will
Not every kind of damage leads to invalidity.
Examples:
- Unintentional: water damage, loss during a move, accidental tearing → the will remains valid.
- Intentional: crossing out the signature, burning, cutting the will completely to pieces → valid revocation.
What matters is the recognisable intention of the testator. In cases of doubt, legal or notarial advice can provide clarity.
Why destruction by third parties does NOT cancel the will
If the will is destroyed by heirs or other persons, this does not affect its validity. In such cases the original last will remains valid, provided it can be reconstructed. Copies, drafts or witness statements may be sufficient for this.
Revoking a deposited or notarial will
A notarial will or a will deposited with the local court offers particular security. At the same time, clear statutory rules apply to its revocation, which are intended to ensure that the testator’s intention is documented unambiguously.
How do you revoke a notarial will?
A deposited will can be retrieved from the notary before it is replaced. The notarial certification required for this serves as proof of your identity.
This is usually done by:
- drawing up a new will,
- making a will of revocation, or
- withdrawing the will from official custody.
Simply destroying the will at home is not sufficient as long as the will remains in official custody.
Withdrawal from official custody (section 2256 BGB)
If a deposited will is collected from the local court or from the notary, this automatically counts as revocation. No additional written revocation is required.
Upon withdrawal, the Central Register of Wills (ZTR) is notified, which ensures that no invalid will is opened in a later inheritance case.
Consequences of withdrawal – revocation takes effect immediately
The revocation takes effect immediately upon collection. Even if the document is left untouched afterwards, it is legally ineffective.
Difference: notarial will vs. handwritten will
While handwritten wills can easily be revoked by destruction or by drawing up a new version, notarised wills are more formalised. The notary checks the validity, advises on the appropriate form of revocation and ensures that legal conflicts, for example through apparently contradictory dispositions, are avoided.
Cancelling a joint will or a Berlin will
Joint wills, in particular the so-called Berlin will, are subject to special statutory rules. Because spouses often make interdependent dispositions in them, these have a strong binding effect that makes cancelling the will considerably more difficult.
Binding effect of wills made by spouses (sections 2265–2273 BGB)
A joint will has a legally binding effect as soon as both spouses make matching, mutually coordinated dispositions. These so-called interdependent dispositions cannot simply be revoked.
What applies while both spouses are alive?
As long as both spouses are alive, revocation is generally possible, but only in notarial form. The revocation must be delivered to the other spouse and only takes effect upon delivery.
Why revocation is hardly possible after the death of one spouse
After the death of one spouse, the binding effect takes full effect. Revocation is then generally no longer permitted. Exceptions exist only where there are grounds for contesting the will, for example mistake or duress (sections 2078 et seq. BGB).
Notarial revocation as the only valid form
Revoking a joint will while both spouses are alive requires a notarial declaration that is delivered to the other spouse. Merely tearing up or crossing out the will is not sufficient.
What does “interdependent disposition” mean?
Interdependent dispositions are provisions in a joint will that are so closely linked that the disposition of one spouse would make no sense without the corresponding disposition of the other. Examples include mutual appointments as sole heir or joint provisions on the appointment of final heirs.
Further information on prenuptial agreements, family law and inheritance law.
Making a will invalid – which options really exist
A will cannot be made invalid by just any action. The law distinguishes clearly between valid forms of revocation and mere damage that has no legal effect at all.
Invalid by revocation
A will becomes invalid if the testator validly revokes it, whether by a formally correct declaration of revocation, by a new will or by deliberate destruction.
Invalid by a new will
If the testator draws up a new will, it automatically cancels any conflicting provisions of the old will (section 2258 BGB). It is important that the new will is formally valid, meaning handwritten and signed in full or notarised.
Invalid by contesting the will (sections 2078 et seq. BGB)
In certain cases a will can be contested, for example in the event of:
- a mistake about the content of the declaration
- unlawful duress
- a mistake about material circumstances
The challenge must be declared in writing and filed with the probate court within the time limit.
Which errors do not cause invalidity
Not every alteration cancels a will. Examples:
- Mere unintentional damage
- Illegible passages
- Missing dates
- Minor formal errors
Such errors do not automatically amount to a revocation. What remains decisive is the recognisable intention of the testator.
What happens if heirs destroy a will?
If a will is destroyed not by the testator but by third parties, such as heirs or relatives, this has no effect on its validity. The law strictly requires that the destruction is carried out by the testator personally and with the intention to revoke.
No valid revocation by third parties
Destruction by other persons, whether by accident or on purpose, does not make a will invalid. The testator’s last will remains in force as long as its content can be established.
The will remains valid if it can be reconstructed
A will can remain valid even if the original no longer exists. It is sufficient that its content can be reconstructed, for example through:
- Transcripts or copies
- Earlier drafts
- Witness statements
- Digitally stored versions
- Records held by the notary
Courts accept such evidence provided it is clear that it reflects the testator’s last will.
Criminal risks (suppression of documents, section 274 StGB)
Anyone who intentionally destroys, damages or suppresses a will may be committing a criminal offence. Section 274 of the German Criminal Code (StGB) provides for a prison sentence of up to five years or a fine. This underlines the particular importance of the duty of heirs to preserve the document.
What does it cost to revoke a will or draw up a new one?
The costs depend on the form of revocation and on which new disposition is made.
Costs of a will of revocation or a new will
Particularly where assets consist of real estate, having a new will drawn up by a notary makes sense.
- New handwritten will: free of charge, provided it is written and signed entirely by hand.
- Notarial will: The fees are based on the value of the assets in accordance with the Court and Notary Costs Act (GNotKG). The higher the assets, the higher the fee.
For questions about assets and land in an inheritance case, it is worth taking a look at real estate law. Lawyers offer competent and up-to-date advice here.
Costs of withdrawal from custody
Withdrawing a will deposited with the local court usually involves only minor fees. Upon withdrawal, the will is automatically revoked and the Central Register of Wills is notified. Where real estate is involved, the land register often plays a role as well.
When a new notarisation makes sense
A new notarisation is advisable if:
- the assets are complex,
- a joint will is to be changed,
- compulsory portion claims need to be taken into account,
- several wills exist and clarity is needed.
Tip: Complex asset structures, such as shareholdings in companies, often also touch on corporate law. In business successions, even a change of managing director may be part of the planning.
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FAQ – revoking a will, destruction & notarial rules
The cost of revocation depends on whether a handwritten will is simply destroyed or whether a new notarial will is to be drawn up. Revocation by destruction is free of charge, whereas the fees for a will of revocation or a new will drawn up by the notary are based on the value of the assets in accordance with the GNotKG. The larger the assets, the higher the fees.
The German Civil Code (BGB) permits several forms of revoking a will, including drawing up a new will, an express declaration of revocation or deliberately destroying the existing document. Which method is suitable depends on the personal situation, how clear the intention to revoke is and the content of the old will. Legal or notarial advice is recommended, especially for complex estate arrangements.
No, a mere note such as “invalid” does not cancel the will. A formally correct revocation or deliberate destruction by the testator is required. For an act of revocation to be valid, it must be clearly recognisable that the testator no longer wanted the will to apply. A clear declaration of revocation or a new will is therefore advisable in order to avoid later disputes about validity.
Yes, you can tear up a will, provided the testator does so personally and with the intention to revoke. If third parties destroy the document, it remains valid. For the revocation to be effective, the act must be deliberate and clearly aimed at cancelling the last will. For evidential reasons it may be sensible to draw up a new will in addition or to record the revocation clearly in writing.
A new will does not necessarily have to be drawn up by a notary, as handwritten wills are sufficient in many cases. For complex asset structures or joint wills, however, a notarial will makes sense. A notarial will also has the advantage that formal errors are ruled out and the content is worded in a legally sound way. This makes later implementation in the inheritance case easier and protects against disputes over interpretation among relatives.
For personal precautionary documents such as a living will, you will find further information under living wills from a notary.
If you have several wills, the most recent valid will cancels any conflicting provisions of the older wills (section 2258 BGB). The last declared will therefore always applies, provided it was drawn up in a formally valid way and contains no ambiguities. Anyone holding several older wills should revoke or destroy them specifically in order to avoid misunderstandings or inheritance disputes.
While both spouses are alive, a joint will can only be cancelled by a notarial declaration of revocation that must be delivered to the other spouse. After the death of one spouse, revocation is possible only in exceptional cases. The reason is the strong binding effect of joint wills, particularly in the case of interdependent dispositions. A revocation should therefore always be carefully considered and professionally supported, as it can have significant consequences for the later succession.
Yannick M. ★ ★ ★ ★ ★
“Comprehensive advice and follow-up support with our estate matter. We can only recommend Mr Franke!”
Notarial support in Berlin
Would you like to revoke a will or change an existing arrangement? Such decisions often have far-reaching legal consequences and should be examined carefully. The notary supports you in this impartially and with legal certainty.
He explains the legal effects of a revocation, reviews existing dispositions and ensures that changes are implemented validly and in the correct form. This gives you clarity and legal certainty for your personal situation.
