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 comprehensive notarial services, you receive individual and legally sound advice to help you clearly formulate your final wishes and record them in a legally binding form.
Although a notarised will, unlike a handwritten will, involves notarial fees, it offers several advantages:
- Legal certainty and reduced risk of challenges: Because the will is notarised, the notary ensures that it complies with the applicable legal requirements. This reduces the risk of the will being challenged.
- Clear wording: The notary helps formulate your final wishes clearly and unambiguously, reducing the risk of misunderstandings and disputes among heirs.
- Individual and expert advice: A notary takes your personal circumstances and wishes into account, explains the available options and draws your attention to potential issues that should be considered when drafting a will.
- Central registration and safekeeping: Notarised wills are registered with the German Central Register of Wills and kept in official custody, helping ensure that they can be located after the testator’s death.
- No certificate of inheritance generally required: A notarised will can generally also serve as proof of inheritance. This means that your heirs will usually not need to apply for a separate, fee-based certificate of inheritance.
- Avoidance of formal errors: Handwritten wills can easily contain formal errors that may render them invalid. A notarised will significantly reduces this risk.
In addition to drafting a will, agreements such as waivers of inheritance rights and compulsory share rights can also be notarised in order to reduce the risk of later inheritance disputes.
In brief:
Overall, a notarised will provides a high degree of legal certainty and clarity for both the testator and the heirs.
In addition to drafting wills, Notar Franke also advises on related matters such as prenuptial and marital agreements, helping you structure your personal and financial affairs comprehensively.
What Is the Process for a Notarised Will in Berlin?
The process of making a notarised will involves several steps. Here is a general overview:
- Preparation: Consider what you would like to include in your will. This may include the appointment of heirs, specific legacies and any particular wishes you would like to record.
- Choose a notary: Contact a notary who can advise you and prepare the will. In Germany, notaries are independent holders of a public office and are responsible for notarising certain legal transactions and documents.
- Initial consultation: During the initial consultation, you explain your wishes and objectives to the notary. The notary will advise you on the legal implications and discuss how your wishes can be implemented in a legally effective way.
- Drafting the will: Based on the information you provide, the notary prepares a draft of the will. Further discussions may be necessary to clarify individual details.
- Reviewing the draft: You can review the draft and request changes before the final notarisation takes place.
- Notarisation: Once the wording has been agreed, the will is formally notarised. During the appointment, the notary reads out the document and explains its legal content and consequences.
- Signing: You sign the will in the presence of the notary, who then completes the notarisation. Witnesses are generally not required for a notarised will in Germany.
- Official safekeeping: The notarised will is placed in official custody and registered with the German Central Register of Wills. You will receive documentation relating to the notarisation for your records.
- Amendment or revocation: If your personal circumstances change, for example due to marriage or divorce, you can amend or revoke your will, subject to the applicable legal requirements.
It is advisable to contact a notary at an early stage to ensure that your final wishes are clearly expressed and recorded in a legally effective form.
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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 a high degree of legal certainty and helps avoid ambiguity in the distribution of your estate. Careful estate planning can also help optimise inheritance tax and reduce the financial burden on your heirs.
With individual advice from Notar Franke, you can ensure that your final wishes are expressed clearly and implemented in a legally sound manner.
In addition to family law and inheritance law, we offer a broad range of legal and notarial services:
- Real estate law – legally sound drafting of purchase agreements and property transfers
- Corporate law – company formation, restructuring and contract drafting for businesses
- Online notary services – remote notarisation and certification procedures where permitted by law
- Civil law – advice and representation in civil law matters
- Criminal law – defence and legal advice in criminal proceedings
You can rely on professional guidance, discreet support and the secure handling of your will to help provide clarity for you and your family. Notar Franke advises clients in Berlin on the preparation and notarisation of wills.
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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.