Testament (will) — types, template, Pflichtteil, strategy

Handwritten (§ 2247 BGB) is free of charge but error-prone with complex structures. Notarised (§ 2231 BGB) costs tiered notary fees but saves the Erbschein (certificate of inheritance) and is robust on Pflichtteil questions. From 500,000 EUR estate value, notarised is the standard.

Spouses appoint each other as sole heirs and the children as final heirs (§ 2269 BGB). On the first death, all assets fall to the surviving spouse — children only receive Pflichtteil, with all advantages and disadvantages. The classic family structuring with high Pflichtteil risk.

Provision in the Berliner Testament: any child who claims Pflichtteil on the first death is also entitled only to Pflichtteil on the second death. Indirect pressure not to claim Pflichtteil. Effective only with sufficiently clear formulation — the BGH has confirmed this in many decisions.

Tiered notary fees under GNotKG: with 500,000 EUR estate value around 1,000 to 1,500 EUR, with 2 million EUR around 4,000 EUR. Plus advisory time of the notary. Compared to the value preserved, the investment regularly pays off many times over.

Yes, on grounds of testamentary incapacity (§ 2229 (4) BGB), error of motive (§ 2078 BGB), threat or violation of form. The Anfechtung must be filed at the probate court within 1 year (§ 2082 BGB). In practice the most frequent ground is testamentary incapacity — usually proven by medical expert opinion.

Without Testament, the BGB regulates: spouse plus children inherit jointly (1/2 spouse, 1/2 to children at Zugewinngemeinschaft, § 1931 BGB). No descendants? Parents plus spouse. No parents? Siblings plus spouse. The exact quota depends on the matrimonial property regime — and is regularly not what the testator would have wanted.