A handwritten will is quickly written: a sheet of paper, a pen, a few sentences. That is precisely where the danger lies. Even a small formal error makes the will invalid, and then statutory succession applies – exactly what the testator wanted to avoid. This article shows which formal requirements apply, how a will is structured based on a template and which mistakes most frequently lead to disputes in practice.
Handwritten will: these formal requirements apply
The law calls the handwritten (holographic) will an “own-hand will” (eigenhändiges Testament). The rules are set out in Section 2247 of the German Civil Code (BGB) and are strict. A handwritten will is only valid if it meets these requirements:
- Written entirely by hand: The entire text must be handwritten by the testator personally. A will written on a computer and merely signed is invalid. The same applies if a relative writes the text and the testator only signs it.
- Signed by hand: The signature belongs at the end of the text, because it concludes the declaration. It should contain the first name and surname. Additions below the signature must be signed again.
- Place and date: The law does not strictly require them, but expressly recommends them. If the date is missing and there are several wills, it may be unclear which one is the most recent and therefore valid.
- Age of majority: Although a will can be made from the age of 16, a handwritten will can only be made from 18. Minors can only make a will before a notary.
- Testamentary capacity: When writing the will, the testator must understand what they are ordering and what consequences this has. If there are doubts, for example due to dementia, this is often disputed later.
A handwritten will does not require witnesses. Paper and language can also be chosen freely, as long as the text is legible and clearly comes from the testator. Nevertheless, a document-proof pen is advisable rather than a pencil. How strictly the courts examine the form is shown by a decision of the Higher Regional Court (OLG) of Munich on the formal requirements.
Writing a will: template with explanations
The following template shows the typical structure of a handwritten will for a single person who appoints a sole heir, names a substitute heir and leaves a single item to another person:
My Will
I, Maria Muster, born on 12.03.1950 in Cologne, residing at Beispielstraße 1, 10115 Berlin, hereby revoke all my previous dispositions upon death.
I appoint my niece Anna Beispiel, born on 05.07.1985, as my sole heir.
Should Anna Beispiel predecease me or disclaim the inheritance, I appoint her descendants in equal shares as substitute heirs.
My friend Erika Mustermann shall receive my gold ring with the red stone by way of legacy.
Berlin, 21.10.2026
Maria Muster
What the individual parts do:
- Heading and personal details: “My Will” makes it clear that this is a binding disposition and not a draft or a letter. Name, date of birth and address prevent mix-ups.
- Revocation of earlier wills: This sentence removes old wills that could otherwise continue to apply alongside the new one, insofar as they do not contradict it.
- Appointment of heir: The word “heir” (Erbe or Erbin) has been chosen deliberately. Whoever inherits steps into the entire estate, with all rights and debts.
- Substitute heir: This clause governs what happens if the heir dies first or disclaims the inheritance. If there is no such provision, statutory rules of interpretation or statutory succession apply, often differently from what was intended.
- Legacy: A person who is only to receive a single item or a sum of money is a legatee and not an heir. They have a claim against the heir for the item to be handed over.
- Place, date, signature: They conclude the will. The signature is placed below the entire text.
The template is an example and does not replace an examination of the individual case. Anyone who owns real estate or a business, has children from different relationships or relatives entitled to a compulsory share usually needs considerably more provisions. You will find further templates, including for the Berlin will (joint will of spouses), in our sample templates for download.
Step by step: how do I write a will?
- List your assets: List accounts, real estate, securities, vehicles, jewellery, digital assets and also debts.
- Check statutory succession: Who would inherit without a will? Only then does it become clear what the will should change.
- Choose your heirs: Who should receive the estate as a whole, alone or in what shares?
- Name substitute heirs: In case an heir dies first or disclaims the inheritance.
- Legacies and conditions: Individual items or sums of money for specific persons, or, for example, the care of a pet as a testamentary condition (Auflage).
- Consider compulsory shares: Children, spouses and, in certain circumstances, parents can claim their compulsory share (Pflichtteil) despite a will.
- Write by hand: Entirely by yourself, clearly legible, without crossings-out.
- Date and sign: Place, date, first name and surname at the end.
- Keep it safe: Ideally in official safekeeping at the Local Court (Amtsgericht).
Will without a notary: when is a handwritten will sufficient?
A handwritten will is just as valid as a notarial one. Using a notary is not mandatory. The differences lie in security and in the follow-up costs:
- Costs: A handwritten will costs nothing. At the notary, the fees depend on the value of the assets; for 200,000 euros they amount to around 435 euros plus expenses and VAT (as of October 2026).
- Certificate of inheritance: In many cases, a notarial will is sufficient proof for banks and the land registry. With a handwritten will, they often demand a certificate of inheritance (Erbschein), which, for the same assets, costs about as much as or more than the notarial will.
- Wording: The notary ensures that clear terms are used. Unclear wording is the most common reason for inheritance disputes over handwritten wills.
- Testamentary capacity: The notary records their impressions of the testator’s legal capacity. This makes later challenges to the will more difficult.
For simple circumstances, a carefully written handwritten will is sufficient. Where real estate, larger assets, businesses or patchwork families are involved, legal advice from a lawyer or a notarial will is almost always worthwhile.
The most common mistakes in handwritten wills
1. A legacy instead of an heir – without realising it
“Peter gets my house, Susanne gets the account”: wording like this is very common. Legally, it is then unclear whether Peter and Susanne are heirs or merely legatees. A person who distributes individual items does not, in case of doubt, appoint heirs. If, on the other hand, the items distributed make up practically the entire estate, an appointment of heirs may be intended after all. The court has to interpret the testator’s intention, and the family argues, often for years.
2. No substitute heir
If the appointed heir dies before the testator, their appointment as heir fails. Without a substitute heir, the law then decides who receives their share: if the heir is a child or grandchild of the testator, that heir’s descendants take their place in case of doubt. Otherwise, the share goes to the other heirs or to the statutory heirs. This does not always correspond to what the testator wanted.
3. Overlooking the compulsory share
A will can disinherit children or the spouse, but can only deprive them of their compulsory share in rare exceptional cases. The compulsory share is a monetary claim amounting to half of the statutory share of the inheritance. Anyone who does not plan for this may force the heir to sell a property.
4. Several contradictory wills
Anyone who writes several wills over the years without revoking the old ones creates uncertainty. A later will only cancels an earlier one insofar as it contradicts it. Without a date, it is often not even possible to determine which one is the later will.
5. Additions below the signature
Additions below the signature are generally invalid without a new signature. Marginal notes and subsequent crossings-out also frequently lead to disputes. It is better to rewrite the will completely.
Further typical pitfalls are described in our article Creating a will: eight mistakes you should definitely avoid.
Depositing your will and keeping it safe
A will is only of use if it is actually found after death. Anyone who keeps it in a drawer runs the risk that it will be lost, not discovered or even made to disappear by a disappointed relative.
Special official safekeeping at the Local Court (Amtsgericht) is safer. The will is deposited there and recorded in the Central Register of Wills (Zentrales Testamentsregister) of the German Federal Chamber of Notaries (Bundesnotarkammer). When the testator dies, the probate court (Nachlassgericht) is notified automatically and opens the will. The one-off costs are just under 100 euros: a court fee of 82 euros for the safekeeping and a small fee for the registration (as of October 2026).
Incidentally, anyone who finds a will must deliver it to the probate court without undue delay, even if it puts them at a disadvantage. What applies if only a copy still exists is explained in our article Will missing: what to do if only a copy exists?.
Special case for married couples: the joint will
Married couples and registered civil partners can make a joint handwritten will. It is sufficient for one partner to write the entire text by hand and for both to sign it, each stating the place and date. The best-known form is the Berlin will, in which the partners appoint each other as sole heirs and the children as final heirs. Please note: a joint will often can no longer be changed after the death of the first partner.
Frequently asked questions about the handwritten will
Yes. A handwritten will is fully valid without a notary if it is written and signed entirely by hand (Section 2247 BGB). Using a notary is not mandatory, but can save follow-up costs for the certificate of inheritance and help prevent disputes.
Yes, the entire text must be handwritten by the testator personally. Even one part written on a computer or a text written by a third party can make the will invalid.
No. A typed will that is merely signed is invalid. Anyone who can no longer write themselves must, as a rule, make a will before a notary.
No, depositing it is voluntary. However, it is strongly recommended, because the will is then kept safe, recorded in the Central Register of Wills and reliably opened after death. The costs are just under 100 euros (as of October 2026).
A will without a date is not automatically invalid. It becomes problematic if there are several wills and it cannot be established which one is the later one. Place and date should therefore always be stated.
Yes, at any time. The safest way is to write a new will that expressly revokes all earlier ones, and to destroy the old one. A joint will made by spouses, on the other hand, often can no longer be changed after the death of the first partner.
Have you written your will yourself and want to make sure that it is valid and actually provides for what you want? Rechtsanwalt Cocron GmbH & Co. KG, Munich and Berlin, reviews handwritten wills and advises throughout Germany on wills, succession and the compulsory share.
