The worst case: a close relative has died, but the original will cannot be found – only a copy is available. Is that enough to be recognised as an heir in the proceedings for a certificate of inheritance (Erbschein)? In practice, the answer is often: no. In its order of 7 August 2025 (case no. 8 W 66/24), the Palatinate Higher Regional Court (Pfälzisches Oberlandesgericht) of Zweibrücken clarified the strict requirements for using a copy of a will as evidence. It made clear that if there are already substantiated doubts about the original will, these completely deprive the copy of its value as a basis of evidence for the issue of a certificate of inheritance. What can those affected do if the certificate of inheritance is lost?
What is a privately written will?
The handwritten (holographic), privately written will under Section 2247 of the German Civil Code (BGB) is the most commonly used form of will in Germany. It must be written entirely by hand and signed personally at the end. A typewritten or printed text does not satisfy the formal requirement, even if it has been signed. Stating the date and place is strongly recommended; although it is not mandatory, in the event of a dispute it provides important indications of when the will was made and of the testator’s testamentary capacity.
The great strength of this form – the freedom from formalities – is at the same time its Achilles’ heel: there is no requirement to involve a notary or witnesses, nor to register the will. The original can be lost, destroyed without anyone noticing or called into question afterwards. That is exactly when the crucial question arises: what are the legal consequences if only a copy can still be found? And what can those affected do if the certificate of inheritance is lost?
The OLG Zweibrücken: a copy fails if the original is already doubtful
In the case decided, the deceased’s former partner applied for a certificate of inheritance naming her as sole heir and relied on a copy of a handwritten will. The original, she said, could no longer be found. The probate court (Nachlassgericht) heard two persons as witnesses who claimed to have been present when the will was made. Their accounts differed considerably on key points. Both did report consistently that the deceased had written the document within about 30 minutes and then read it out loud. However, one witness stated that it had been written while cooking in the kitchen; the other witness dated its making only to the time after dinner. Such contradictions can be decisive if the will has disappeared and the certificate of inheritance has been lost.
More serious was the fact that neither of the witnesses had seen the deceased sign by hand – a core element under Section 2247(1) BGB. In addition, the length of the document raised doubts: several pages with detailed provisions for beneficiaries, precise details of pension insurance policies and a series of account numbers were supposed to have been produced “in passing” in half an hour without any documents. The probate court and the OLG considered this account unrealistic.
The probate court rejected the application for a certificate of inheritance; the OLG Zweibrücken upheld this decision. Since the validity of the original could not be established with the necessary certainty, the copy could not provide a sound basis for the certificate of inheritance either (order of 07.08.2025, case no. 8 W 66/24).
When can a copy of a will be sufficient?
In principle, proceedings for a certificate of inheritance require the original will to be submitted. This follows from Section 2353 BGB and the case law developed on it. By way of exception, a copy may be sufficient if it is established that the original was lost, destroyed or permanently cannot be found without any involvement of the testator. But what can you do if the certificate of inheritance is lost and the will remains missing?
The hurdle is high: the probate court must then be able to establish with the necessary conviction that, firstly, a valid will was actually made, secondly, all formal requirements have been met, and, thirdly, the content of the copy corresponds fully to that of the original. If this certainty is lacking, for example because the original itself already appears doubtful, the copy fails as evidence. This is exactly what the OLG Zweibrücken emphasised in this specific case. For those affected who have lost a certificate of inheritance, legal advice is particularly important.
What does a court base doubts about authenticity on?
Courts assess a number of indications when the proper making of a privately written will is disputed:
- Plausibility of how the will came about: do the circumstances described – time, place, aids – match the length and level of detail of the document? A highly detailed text of several pages, allegedly written in 30 minutes over dinner without any documents, gives rise to justified scepticism.
- Handwritten signature: it is constitutive. If it is not witnessed or if it is doubtful, a key indication of authenticity is missing.
- Consistency of witness statements: discrepancies in essential details can undermine the judge’s required conviction, even if the core statements match.
- Consistency of content: do the complexity, length and precision of the will fit the alleged circumstances of its making and the personal circumstances of the testator?
If the will has disappeared – what should those affected do?
Testators should deposit originals safely – ideally by placing them in official safekeeping at the competent Local Court (Amtsgericht), acting as probate court (Nachlassgericht). There, the will is registered in the Central Register of Wills (Zentrales Testamentsregister) of the German Federal Chamber of Notaries (Bundesnotarkammer). In the event of death, the will is opened automatically – regardless of whether heirs submit it or third parties withhold it. If the certificate of inheritance is lost, those affected can apply to the probate court for it to be issued again.
Beneficiaries who only have a copy and are seeking a certificate of inheritance should obtain legal advice at an early stage. It is not enough merely to make it credible that the will has been lost. Proof is also required that the will was made in the correct form and of its exact content. For this, you need reliable, consistent witness statements and a coherent overall picture. This becomes particularly relevant if the certificate of inheritance is lost and the will remains missing.
Also important: if the testator destroys the will themselves, this may count as revocation under Section 2255 BGB. As a rule, destruction shows the intention to revoke – existing copies then no longer have any legal effect.
Rights in the event of doubts about authenticity – how the parties involved can proceed
Anyone who has reason to question the validity of a will that has been submitted – because of implausible content, diverging witness statements or a lack of fit with the testator – has good procedural options. In proceedings for a certificate of inheritance, any person who claims their own right of inheritance or has well-founded objections can submit statements and evidence; the probate court must assess them. A certificate of inheritance issued incorrectly must be withdrawn under Section 2361 BGB.
The decision of the OLG Zweibrücken clearly shows that courts take formal and substantive inconsistencies seriously. Anyone who puts forward substantiated doubts can prevent a doubtful document from displacing statutory succession. This is particularly important if the will has disappeared and the certificate of inheritance has been lost.
Practical relevance: when is legal advice advisable?
The original will is not merely “a document” but the foundation on which inheritance claims rest. If it is missing, uncertainties arise with potentially considerable economic consequences – from real estate to account balances to securities portfolios. For heirs who rely on a missing or contested will, the earlier expert advice is obtained, the better evidence can be secured and a strategy developed. The same applies to persons entitled to a compulsory share (Pflichtteil) who have been passed over by a will that may be invalid: their claim, too, ultimately depends on the validity of the testamentary disposition. If the certificate of inheritance is lost, those affected should also seek legal support at an early stage.
Do you have questions about a lost, contested or doubtful will? Kanzlei Cocron supports you as a certified specialist in inheritance law (Fachanwalt für Erbrecht) confidentially and competently – in Munich and Berlin. You can find more information at www.ra-cocron.de.
FAQ – Frequently asked questions
Can I apply for a certificate of inheritance with a copy?
In principle, the original must be submitted. A copy is only sufficient by way of exception if the original was lost without any involvement of the testator and the court is convinced that the will was validly made, in the proper form and with identical content. If there are already considerable doubts about the original, the copy cannot serve as a basis. If the certificate of inheritance is lost, those affected should act quickly.
What formal requirements apply to a handwritten will?
A privately written will under Section 2247 BGB must be written entirely by hand and signed personally at the end. Printouts are not sufficient. Date and place are not mandatory, but in the event of a dispute they are often decisive, helpful indications.
What happens if the original will is lost?
Anyone who only has a copy must show that the original was lost without any involvement of the testator and that it is established that the will was made in the correct form. If this basis for the court’s conviction is lacking, no certificate of inheritance will be issued on the basis of the copy; statutory succession applies. But what can you do if the certificate of inheritance is lost and the will remains missing?
How do I keep a will safe?
The safest option is official safekeeping at the Local Court. The original is registered in the Central Register of Wills, and the court opens the will automatically in the event of death – regardless of third parties.
Can I dispute the authenticity of a will that has been submitted?
Yes. Any person affected can raise objections and submit evidence in the probate proceedings. The probate court must take this into account. Certificates of inheritance issued incorrectly can be withdrawn under Section 2361 BGB. If there are specific doubts about authenticity, form or content, legal advice is strongly recommended.
