Creating a will: Eight mistakes you should definitely avoid

A will ensures that your assets are distributed according to your wishes. Without such a will, the statutory rules of inheritance automatically apply – often with results that do not reflect the testator’s wishes. To ensure your last will and testament remains legally valid, you should pay attention to the following points:

1. Disregard compulsory inheritance rights
   Children and spouses are entitled to a legally guaranteed minimum share of the inheritance. Ignoring this in a will often leads to conflicts.
2. Underestimating the risks of joint inheritances
   Multiple heirs must make all decisions jointly. Without clear powers of attorney, years of stagnation are likely, for example, when selling real estate.
3. Misjudging a joint will
   Many married couples believe that a joint will is automatically binding. In practice, however, the surviving partner can often write a new will – unless the binding nature of the will is explicitly stipulated.
4. International inheritance law overlooked
   The decisive factor is the last place of residence, not nationality. Anyone wishing to ensure that German law applies must explicitly state this in their will.
5. Ignoring formal requirements
   A will must be entirely handwritten and signed. Additions made by computer or loose attachments are risky and can render it invalid.
6. Do not designate substitute heirs
   If the intended heir dies before the testator without a replacement being designated, a gap arises – often with unintended consequences.
7. Applying for an unnecessary certificate of inheritance
   Obtaining a certificate of inheritance incurs costs. Often, a power of attorney with a notarized signature is sufficient to avoid this.
8. Do not check testamentary capacity
   Especially in old age, a medical certificate confirming testamentary capacity is recommended. This helps prevent later challenges.

Conclusion:

Those who make provisions in good time save their relatives from arguments and costs and ensure that their own wishes are respected.

🔎 Further information on inheritance law can be found at www.ra-cocron.de .