Contesting a Testament 2026: Grounds, Deadlines & Chances

When can a Testament be contested?

A Testamentsanfechtung (challenge of will under §§ 2078-2083 BGB) is the legal removal of an otherwise valid Testament due to defects in the Erblasser's intention. You cannot contest a Testament simply because you are unhappy with the content. The statute provides only certain grounds where the Erblasser's intention was not formed or expressed correctly. The contestation aims to give effect to the true will of the Erblasser — not the will of the heirs.

Requirements at a glance

1. There is a statutorily recognised ground for contestation (§ 2078 BGB or § 2079 BGB)
2. The contestation deadline has not yet expired (§ 2082 BGB)
3. The contesting party has standing (§ 2080 BGB)
4. The contestation is declared to the probate court (§ 2081 BGB)

Grounds for contestation under the BGB

Mistake as to content (§ 2078 para. 1 BGB)

The Erblasser made a mistake about the content when drafting the Testament: they wrote or declared something other than what they intended. This covers both writing errors (declaration mistake) and substantive misunderstandings (content mistake). It is always required that the Erblasser would not have made the disposition in this form had they known the true facts — § 2078 para. 1 BGB expressly demands this. Anyone drafting a Testament can reduce such risk of mistake through clean wording; concrete tips can be found in the guide Writing a Testament: instructions, template and the 7 most common errors.

Example of a declaration mistake: The Erblasser writes "the property at Bergstraße 12" but means the property at Bergstraße 21. The address in the Testament does not match the property the testator wanted to refer to.

Example of a content mistake: The Erblasser disposes of "all of my assets at the Sparkasse" because they did not know that a securities account exists at another bank worth EUR 80,000.

Mistake about circumstances (§ 2078 para. 2 BGB, first alternative)

The Erblasser made the Testament based on a false belief about certain circumstances. Had they known the truth, they would have disposed differently.

Example: The Erblasser disinherits their child because they wrongly believe the child is not biologically theirs. Or: the Erblasser appoints a person they believe to be impoverished, when in fact that person is wealthy.

The decisive issue is causation: the mistake must have been the cause of the specific testamentary disposition. In a dispute the contesting party bears the full burden of proof — mere suspicions are not enough.

Unlawful threat (§ 2078 para. 2 BGB, second alternative)

If the Erblasser was driven by a threat to make a particular Testament, it can be contested. The person making the threat must have held out the prospect of a substantial detriment — for example violence, public exposure or the discontinuation of care.

Hard to prove in practice: the Erblasser is dead and cannot testify. Witnesses, written correspondence or other evidence are needed. Mere suspicions are not sufficient in court.

Overlooking a Pflichtteilsberechtigter (§ 2079 BGB)

This ground for contestation is the most relevant in practice. If the Erblasser has overlooked a Pflichtteilsberechtigter (a person entitled to the compulsory share under § 2303 BGB) whose existence was unknown to them at the time of making the Testament, or who only became entitled to the Pflichtteil after the Testament was made, the Testament can be contested. Which persons are entitled to the Pflichtteil and how it is calculated can be found in detail in the guide Pflichtteil: claim, amount and calculation for children.

Typical situations:

• The Erblasser made the Testament before the birth of another child and did not subsequently update it.
• The Erblasser married after making the Testament. The new spouse is a Pflichtteilsberechtigter but is not considered in the Testament.
• A descendant believed to be missing reappears.

Important: § 2079 BGB applies only where the Erblasser did not know of the Pflichtteilsberechtigter or of their entitlement to the Pflichtteil. If the Erblasser knowingly overlooked the person, there is no ground for contestation. Only the Pflichtteil claim remains.

Can siblings contest a Testament?

Yes, under certain conditions. However, siblings are not Pflichtteilsberechtigte (persons entitled to the compulsory share). The contestation ground under § 2079 BGB (overlooking of a Pflichtteilsberechtigter) is therefore not available to them.

When siblings can contest

Siblings can contest a Testament if:

• They would be statutory heirs in the absence of the Testament and the contestation would lead to them inheriting (for example because the Testament excludes statutory succession in favour of a third party).
• A ground for contestation exists under § 2078 BGB (mistake or unlawful threat).

When siblings cannot contest

• Where the Erblasser deliberately did not consider the siblings. That is their right.
• Where contestation would bring siblings no advantage (no standing under § 2080 BGB).
• Where the distribution is merely felt to be unfair. Dissatisfaction is no ground for contestation.

Deadline for contesting a Testament

Standard deadline: 1 year (§ 2082 BGB)

The contestation deadline is one year. It runs from the moment the person entitled to contest learns of the ground for contestation. In the case of mistake, the deadline runs once the heir learns of the Erblasser's mistake. In the case of threat, the deadline runs once the duress has ended. Do not confuse this deadline with the 6-week deadline for disclaiming an inheritance, which runs separately.

Absolute limit: 30 years

Independently of any knowledge of the ground for contestation, a Testament can no longer be contested 30 years after the succession event (§ 2082 para. 3 BGB). This absolute limit is intended to secure legal certainty.

The deadline does not begin with the succession event

The deadline begins with knowledge of the ground for contestation — the death of the Erblasser alone does not trigger it. If you only learn of an Erblasser's mistake two years after the succession event, the one-year deadline only begins to run at that point.

Practical tip: Document the date on which you became aware of the ground for contestation, ideally with email confirmation or witnesses. In a dispute you must show that the deadline was still running.

Chances of contestation

The prospects of success of a Testament contestation depend on three factors.

Evidence

The contesting party bears the burden of proof. They must prove that a ground for contestation exists. With an Erblasser's mistake this is difficult, because the Erblasser can no longer be questioned.

Useful evidence:

• Earlier drafts of the Testament showing a different intention
• Written correspondence of the Erblasser (letters, emails, notes)
• Witness statements of persons who knew the Erblasser well
• Medical opinions on testamentary capacity where dementia or psychiatric illness is in issue

Clarity of the ground for contestation

Clear cases (a child born after the making of the Testament not appearing in it) have significantly better chances than cases where the Erblasser's mistake is only suspected. A clear chain of evidence beats almost any emotional argument.

Quality of the Testament

A notarial Testament (drawn up before a Notar, a German notary, see § 2232 BGB) is harder to contest than a handwritten one. The Notar advises the Erblasser, records their intention and as a rule confirms testamentary capacity. With handwritten Testamente, questions of interpretation and mistakes are more frequent — what can go wrong in that setting is described in the guide on the Berliner Testament 2026: template, Pflichtteil, errors.

Statistical context: Reliable nationwide statistics on contestation success are published neither by the Bundesamt für Justiz nor the Deutsche Anwaltsverein. From practice, however, a rough order of magnitude can be derived: estimates suggest that fewer than 20 % of contestations pursued in court are recognised. Courts first interpret the Testament according to the true will of the Erblasser (§ 133 BGB). Only where interpretation cannot resolve the mistake does the contestation take effect.

What does a Testament contestation cost?

The costs of a contestation are substantial and should be budgeted for before the declaration is made. They consist of several components.

Court costs

Court costs depend on the amount in dispute — the economic value of what is being fought over. At an amount in dispute of EUR 100,000, court costs under the Gerichtskostengesetz (GKG) amount to roughly EUR 3,500 per instance. Larger amounts in dispute lead to substantially higher costs — at an estate of EUR 500,000, costs of EUR 8,000 or more are realistic.

Lawyer's fees

Before the regional court there is mandatory representation by a lawyer (§ 78 ZPO). Lawyer's fees follow the Rechtsanwaltsvergütungsgesetz (RVG) and likewise rise with the amount in dispute. At EUR 100,000 in dispute, lawyer's fees of EUR 5,000 to EUR 8,000 per party and instance are realistic.

Who bears the costs?

The losing party bears the costs of the legal dispute, to the extent they were necessary for the appropriate prosecution or defence of the case (§ 91 ZPO). With an uncertain outcome, the cost risk is significant. An Erbausschlagung (disclaimer of inheritance) or an out-of-court settlement can be considerably cheaper than a drawn-out contestation. Legal expenses insurance excludes succession disputes from coverage in almost all tariffs.

Difference: contestation vs. nullity

Contestation and nullity are often confused. The distinction is significant.

Contestation

• The Testament is initially valid
• It is only set aside by a declaration of contestation
• Someone must actively contest (within the deadline)
• Contestation has retroactive effect to the time of the succession event

Nullity

• The Testament is void from the outset
• No one needs to make a declaration
• There is no deadline
• Anyone can rely on it

Grounds for nullity

Practical note: the distinction is not always clear. An Erblasser in the early stages of dementia could have been testamentarily capable (then possibly contestation for mistake) or testamentarily incapable (then nullity). In a dispute this is clarified by a medical expert opinion — often on the basis of GP records, care reports and witness statements from the last year of life.

What to do if you want to contest a Testament

Step 1: examine the ground for contestation

Before you act, clarify whether a statutorily recognised ground for contestation exists. Subjective dissatisfaction is not enough. Have the facts assessed by a Fachanwalt für Erbrecht (lawyer specialised in succession law) or by a Steuerberater (German tax advisor) specialised in succession law.

Step 2: secure the evidence

Collect all available documents: earlier Testamente, letters, emails, medical records, contacts with witnesses. Securing evidence should begin immediately on learning of the ground for contestation — memories fade, documents disappear.

Step 3: keep the deadline in view

The one-year deadline under § 2082 BGB runs from knowledge of the ground for contestation. Note the date on which you learned of the ground for contestation. Under no circumstances let the deadline pass unused — reinstatement to the previous state is not provided for in contestation law.

Step 4: declare the contestation

The contestation is declared to the probate court (§ 2081 BGB). The declaration requires no special form, but should be made in writing, clearly state the ground for contestation and refer to the specific Testament. Given the significance of the step, accompanying legal counsel is recommended.

Step 5: weigh the legal consequences

If the contestation is recognised, the Testament falls away in whole or in part. Statutory succession or an earlier Testament then applies. Check in advance whether you would in fact be better off in that situation — that is not always the case.

Alternatives to contestation

Not every dispute around a Testament must be litigated. The following routes often lead to a result faster and more cheaply:

• Pflichtteil claim: If you have been disinherited as a child or spouse, the Pflichtteil is owed to you — half of the value of the statutory share (§ 2303 BGB). For that you do not need a contestation. Conversely, if you want to avoid Pflichtteil claims, see the guide on Pflichtteil penalty clauses in the Berliner Testament or the preventive Pflichtteilsverzicht (waiver of compulsory share) contract.
• Erbausschlagung: In some cases it is more sensible to disclaim the inheritance and instead claim the Pflichtteil. This can be advantageous where the inheritance is burdened with conditions or liabilities.
• Inheritance settlement: The heirs agree out of court on a different distribution. This saves time, court costs and nerves — and often preserves the family peace.
• Mediation: A neutral mediator helps with reaching an agreement. Particularly sensible where the family relationship is to be preserved and the dispute is emotionally charged.

Frequently asked questions

How high are the chances of success of a Testament contestation?

Reliable nationwide statistics do not exist. From practice it is estimated that fewer than 20 % of contestations pursued in court are recognised. Clear cases under § 2079 BGB (for example a child born after the Testament was made) have significantly higher chances of success than pure mistake contestations, which often fail on the evidence.

Can I contest a notarial Testament?

Yes, in principle. However the hurdle is higher because the Notar records the Erblasser's intention and assesses testamentary capacity at the time the Testament is made. Contestation of notarial Testamente is mostly based on lack of testamentary capacity (then nullity under § 2229 BGB applies) or on a mistake that was not recognisable to the Notar.

What happens if I miss the 1-year deadline?

Contestation is excluded once the deadline has expired. The Testament remains valid. You are then left only with a Pflichtteil claim, provided you are a Pflichtteilsberechtigter. Reinstatement to the previous state is not provided for in contestation law — the deadline is a true cut-off period.

Who can contest a Testament at all?

Only those persons benefit directly from the setting aside of the Testament have standing to contest (§ 2080 BGB). These are usually statutory heirs overlooked by the Testament, or heirs from an earlier Testament. Persons who would derive no legal advantage from a contestation lack standing — even if they consider the Testament to be wrong.

What does the contestation of a Testament cost?

At an amount in dispute of EUR 100,000, the total costs (court and lawyer's fees) realistically lie between EUR 8,000 and EUR 15,000 per instance. If lost, the contesting party also bears the opposing side's costs. Legal expenses insurance does not cover succession disputes in almost any tariff.

Can a Testament be contested due to dementia?

Where testamentary incapacity due to dementia is proven, the Testament is void from the outset (§ 2229 para. 4 BGB) — a contestation is unnecessary because the Testament was legally never valid. No declaration of contestation and no deadline is needed in that situation. However, testamentary incapacity must be established by a medical expert opinion — mere suspicions or the Erblasser's advanced age do not suffice.

Can a contestation bring down the whole Testament?

Not necessarily. The contestation can be limited to individual provisions (partial contestation) or cover the entire Testament. What matters is whether the remaining provisions can stand without the contested one (§ 2085 BGB). Often only part of the Testament falls away — the rest remains valid.

Next steps

Whether a Testament contestation has prospects of success in your situation can only be assessed against the specific facts. Evidence, ground for contestation, deadline situation and cost risk decide together. Which further steps come up after a succession event you can find in the guide Succession event has occurred: the most important steps and deadlines.

Use the Succession Navigator to place your situation in structured terms. Or arrange an Erstgespraech (initial consultation) to discuss your options confidentially — together we examine whether contestation, Pflichtteil claim or an out-of-court settlement is the right route for you.

Further detail answers

• Testament 2026: types, basics, Pflichtteil, strategy — Main guide for the cluster
• Berliner Testament 2026: template, Pflichtteil, errors — With the Berliner Testament special contestation constellations apply
• Writing a Testament: guide and 7 errors — Prevention of form errors as a ground for contestation
• Testament before the Notar: costs and process — Notarial Testament has lower contestation risk
• Topic hub Testament — Full overview

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