Writing a Testament 2026: Guide, Template and 7 Errors

Why you need a Testament

A Testament is a unilateral, freely revocable disposition mortis causa in which you determine what is to happen to your assets after your death. Anyone who leaves no Testament has the statutory rules imposed on them: the statutory order of succession without a Testament. However, this rarely corresponds to the actual will of the Erblasser (testator) — and according to surveys of the Bundesnotarkammer, even in 2026 only about one in three adults in Germany has a Testament.

Typical problems without a Testament:

• The spouse does not inherit everything: the surviving spouse inherits half under the statutory matrimonial property regime (Zugewinngemeinschaft); the other half goes to the children. Under separation of property the spouse inherits, alongside one child, half, alongside two children one third, and alongside three or more children one quarter (§ 1931 para. 4 BGB).
• A co-heir community arises: several heirs automatically form a co-heir community. Decisions about the estate (sale of real estate, account access) can only be taken jointly.
• Non-related partners receive nothing: unmarried partners have no statutory right of inheritance. Without a Testament they inherit nothing.
• Family disputes: unclear relationships frequently lead to lengthy inheritance disputes.

A Testament creates clarity. You determine who inherits what, who inherits nothing and how the estate is divided. The emergency case file for estate documentation helps you bring together all relevant assets and access data in a structured way — the basis for any clean testamentary disposition.

Testamentary capacity: from what age may someone make a Testament?

Under § 2229 para. 1 BGB a Testament can only be made from the completed 16th year of age. However, minors are restricted to the notarial Testament — a handwritten Testament is reserved to adults (§ 2247 para. 4 BGB in conjunction with § 2233 para. 1 BGB). Testamentary capacity additionally requires the Erblasser at the time of making the Testament to be able to understand the meaning of their declaration and to act in accordance with that understanding (§ 2229 para. 4 BGB).

In practice testamentary capacity plays a central role above all where dementia-related illnesses are involved. If it is later questioned, a medical certificate close in time to the making of the Testament helps — ideally with explicit remarks on cognitive state. With a notarial Testament the Notar (German notary) examines testamentary capacity themselves and records this in the deed. In disputes this provides a considerable plus in legal certainty.

Formal requirements: what the law demands

German succession law recognises two main forms of Testament: the private (handwritten) Testament and the public (notarial) Testament. The full statutory wording on the handwritten Testament can be found on gesetze-im-internet.de zu § 2247 BGB, and information on registration of wills is provided by the Zentrales Testamentsregister of the Bundesnotarkammer.

Both forms are legally equivalent but differ markedly in effort, legal certainty and follow-on costs at the succession event:

Handwritten Testament (§ 2247 BGB)

In own hand means: every word must be written by hand. A Testament typed on a computer and printed is invalid, even if it is signed in own hand. Equally invalid are Testamente written by another person and only signed by the Erblasser. Testamente by email, SMS, WhatsApp or voice message are also void — the BGB does not allow any electronic or distance form for the handwritten Testament. Even video or audio recordings have no testamentary effect, even where the identity of the Erblasser is beyond doubt.

Notarial Testament (§ 2232 BGB)

With the notarial Testament the Erblasser declares their last will before a Notar. The statute provides two equivalent routes:

1. Oral declaration: the Erblasser declares their last will orally before the Notar. The Notar advises, formulates and notarises the declaration in a notarial deed.
2. Handing over a document: the Erblasser hands the Notar an open or sealed document with the declaration that this document contains their last will. The document need not be handwritten — it can be machine-generated or written by a third party.

The advantages of the notarial route:

• Legally secure wording
• Advice on succession-law and tax matters
• An Erbschein is usually not needed after the succession event (cost saving)
• Custody and registration with the ZTR are automatically organised
• Testamentary capacity is examined by the Notar when the Testament is made and documented in the deed

The costs depend on the estate value (GNotKG). A detailed overview of procedure and fees is given in the guide Testament before the Notar: costs, process and when it pays off:

Step-by-step guide: writing a Testament

Step 1: take stock

List all your assets: real estate, bank balances, securities, insurance, company shareholdings, valuable items. Also record liabilities (loans, guarantees). A full overview is the basis for any testamentary disposition. The emergency case file helps you bring together all relevant information in a structured way.

Step 2: determine heirs

Set out who is to inherit what. Distinguish between:

• Sole heir: one person inherits the entire estate
• Co-heirs: several persons inherit in fixed shares (e.g. 1/3 each)
• Legacy: one person receives a specific item (real estate, amount of money) without becoming an heir

Step 3: name substitute heirs

What happens if an appointed heir dies before you or disclaims the inheritance? Name a substitute heir for each heir. Otherwise, in case of doubt, statutory succession applies.

Step 4: regulate special wishes

• Testamentsvollstrecker (executor): appoint a trusted person to administer the estate
• Conditions: maintenance of the grave, care of a pet, preservation of a property
• Legacies: assign individual items to specific persons
• Prior heir / subsequent heir: establish multi-stage succession

Step 5: write by hand

Take a sheet of paper and a pen. Write the entire text by hand. No abbreviations, no references to other documents. Every page should be numbered if the Testament covers several pages.

Step 6: sign and date

Sign with first and last name at the end of the text. Add place and date. The date is important because if there are several Testamente the most recent prevails.

Step 7: store safely

Place the Testament into official custody at the probate court (cost: EUR 75). Alternatively: keep at home and inform a trusted person.

Handwritten Testament: template

The following template serves as orientation for a simple Testament. Adapt the text to your personal situation.

Sample: appoint a sole heir

My Testament

I, [first name surname], born on [date of birth], resident in [full address], hereby revoke all earlier Testamente and wills.

I appoint [first name surname heir], born on [date of birth], resident in [address], as my sole heir.

Should [first name surname heir] predecease me or disclaim the inheritance, [first name surname substitute heir] shall be my heir in his/her place.

[Place], on [date]

[Signature in own hand with first and last name]

Sample: several heirs with a legacy

My last will

I, [first name surname], born on [date of birth], resident in [full address], dispose for the event of my death as follows:

1. I appoint as my heirs: a) [first name surname child 1] to 1/2 b) [first name surname child 2] to 1/2

2. I bequeath to my partner [first name surname] [specific item or amount of money].

3. As Testamentsvollstrecker I appoint [first name surname], resident in [address].

All earlier wills I hereby revoke.

[Place], on [date]

[Signature in own hand with first and last name]

These samples do not replace individual advice. With real estate, company shareholdings, patchwork families or international ties, the Testament should be drawn up with expert support.

The 7 most common errors when making a Testament

1. Typed instead of handwritten

The most frequent mistake with the most serious consequence: a Testament written on a computer or typed on a typewriter is invalid. It does not matter whether it is signed in own hand. The entire text must be handwritten.

2. Missing or illegible signature

The Testament must be signed with the full name. An abbreviation, initials or an illegible flourish is not enough. The signature must stand at the end of the text. Additions below the signature are not covered by the Testament.

3. Unclear wording

"My son is to receive the house" is unclear if there are several sons. "My assets are to be divided fairly" is not enforceable. Name heirs with full name and date of birth. State inheritance shares as fractions (1/2, 1/3, not "half" or "the largest part").

4. Missing date

A Testament without a date is not automatically invalid. However, problems arise where several Testamente exist and it is unclear which is the most recent one. The more recent Testament revokes the older one to the extent of any conflicting provisions (§ 2258 BGB).

5. Conflicting Testamente

Anyone who writes several Testamente over the years without expressly revoking the earlier ones risks conflicts. Begin every new Testament with: "I hereby revoke all earlier Testamente and wills."

6. Pflichtteil not considered

Anyone who disinherits relatives must reckon with them claiming their Pflichtteil. A Testament that ignores the Pflichtteil remains valid; it often leads to disputes and liquidity problems. Under what conditions a Testament can be contested after the succession event can be found in the linked guide.

7. No storage arranged

A Testament that is not found after death is useless. Official custody with the probate court costs a one-off EUR 75 and ensures that the Testament is presented in the estate administration. The probate court automatically registers the Testament with the Zentrales Testamentsregister (ZTR).

Storage of the Testament

Official custody with the probate court

The safest storage. The Testament is deposited with the Amtsgericht (Nachlassabteilung) at the residence of the Erblasser. Costs: one-off EUR 75 plus EUR 18 for registration with the Zentrales Testamentsregister (as of 2026).

Advantage: the Testament is automatically opened after death. It cannot be lost, suppressed or manipulated.

Zentrales Testamentsregister (ZTR)

The Bundesnotarkammer maintains the Zentrales Testamentsregister. All officially deposited Testamente and notarial Testamente are registered in it. In the event of death the registry office automatically informs the ZTR, which in turn notifies the competent probate court.

Storage at home

Possible but risky. If you keep the Testament at home, inform a trusted person of the location. Do not place it in a bank safe deposit box, since access to the box after death without an Erbschein or account power of attorney is often blocked.

Tax aspects: consider Erbschaftsteuer allowances

A Testament regulates who inherits — but the Erbschaft- und Schenkungsteuergesetz (ErbStG) decides on the tax burden. When drafting your Testament you should know the allowances under § 16 ErbStG, since they influence whether a particular split is tax-clever:

Calculation example — the hidden tax disadvantage of the Berliner Testament: couple with total assets of EUR 1.2 million and two children. If in the Berliner Testament with its tax pitfalls the surviving spouse is first appointed as sole heir and the children as final heirs, the children's allowance vis-à-vis the first-deceased (2 × EUR 400,000 = EUR 800,000) is wasted. In the second succession event the children are then taxed on the basis of the entire estate — with an alternative structure with legacies to the children already in the first succession event, five-figure tax amounts can often be saved.

Practical consequence: with assets above EUR 800,000 or where the spouses' assets are very different, a classical Berliner Testament can become expensive tax-wise. Here a Erbschaftsteuer model calculation is worth carrying out before making it.

When is a handwritten Testament not enough?

In certain situations a notarial Testament or an Erbvertrag is the better choice:

• Real estate ownership: a notarial Testament saves the Erbschein otherwise needed for the land register correction (cost saving)
• Unternehmensnachfolge (business succession): the provisions are complex and should be drawn up with expert support. Early Unternehmensnachfolge planning is particularly important here.
• Patchwork families: several lines of inheritance and Pflichtteil rights must be coordinated
• International ties: several legal systems may be applicable
• Setting up a foundation: the establishment of a Familienstiftung by Testament requires notarial advice
• Binding dispositions: if the Erblasser wants to bind themselves contractually to another, an Erbvertrag (§ 1941 BGB) is required; this can only be concluded in person before a Notar (§ 2274 BGB).

Frequently asked questions

How do I write a Testament correctly?

A handwritten Testament requires only three steps and costs EUR 0 in materials. Write the text entirely by hand (no computer, no third hand), name your heirs with first and last name and date of birth, state inheritance shares as fractions (e.g. 1/2 each) and sign at the end with first and last name. Add place and full date (§ 2247 BGB). For assets over EUR 500,000 or with patchwork families, the notarial form (§ 2232 BGB) is considerably safer.

When is the right time to write a Testament?

Statistically most Germans set up their first Testament between age 50 and 60 — it is more sensible to begin much earlier. At the latest with the birth of children, the purchase of real estate, marriage, founding a business or a serious illness you should act. Also review your Testament every five to ten years, since life circumstances, assets and tax law constantly change.

Can I change my Testament at any time?

Yes. A private Testament can be changed or revoked at any time by a new Testament (§ 2253 BGB). You can destroy the old Testament or make a new one that expressly revokes the earlier provisions. With a notarial Testament it is enough to take it back out of official custody (§ 2256 BGB).

What does a Testament cost in 2026?

A handwritten Testament costs nothing unless you opt for official custody (EUR 75 + EUR 18 ZTR registration). A notarial Testament costs between EUR 165 and several thousand euros depending on estate value. At an estate value of EUR 250,000 you pay around EUR 610 including custody.

Can a Testament be valid without a date?

Yes, in principle. The absence of a date does not automatically make a handwritten Testament invalid (§ 2247 para. 5 BGB). It is treated as defective, however, and where several Testamente exist the time sequence may become impossible to determine. Always include the full date (day, month, year).

What happens if the Testament is not found?

Without a findable Testament, statutory succession takes effect. Precisely this is prevented by official custody at the probate court (one-off EUR 75): the Testament is automatically registered with the Zentrales Testamentsregister (ZTR) of the Bundesnotarkammer. In the event of death the registry office reports the death to the ZTR, which in turn notifies the competent probate court. This ensures that your last will is actually implemented.

What is the difference between an heir and a legatee?

The heir enters into universal succession: they receive the entire estate (or a fraction), but also all debts. The legatee receives only a specific item or amount of money from the estate without becoming an heir. They have a contractual claim against the heir for handover.

Does a Testament also apply for registered partners?

Yes. Registered partners are treated equally with spouses in succession law (§ 10 LPartG). They can make both handwritten and notarial Testamente and appoint each other as heirs. This does not apply to non-registered partnerships. Here a Testament is the only way to safeguard the partner.

Conclusion

Drafting an effective Testament requires compliance with clear formal requirements rather than expert knowledge. Writing by hand, a full signature and a date are the minimum requirements. For simple family situations a handwritten Testament suffices. For complex constellations (real estate, businesses, patchwork, international ties) and for assets over EUR 800,000 the route to the Notar pays off — the extra costs regularly amortise through saved Erbschein and tax-optimised structuring.

Use the Succession Navigator to create your personal checklist. An overview of all deadlines and first steps in the succession event can be found in the guide Succession event has occurred: the most important steps and deadlines.

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You have questions about drafting your Testament? As a Steuerberater (German tax advisor) with a focus on succession planning, I support you in optimal drafting — from succession-law structuring to tax-optimised division. Arrange an obligation-free Erstgespraech.

Further detail answers

• Testament 2026: types, basics, Pflichtteil, strategy — Main guide for the cluster
• Berliner Testament 2026: template, Pflichtteil, errors — The most common spouse Testament
• Testament before the Notar: costs and process — Notarial vs. handwritten Testament
• Contesting a Testament 2026: grounds, deadlines, chances — § 2082 BGB
• Statutory order of succession without a Testament — What happens if you do nothing
• Topic hub Testament — Full overview