Wills made years ago: how can I change it?

First of all, it is very good if you already have a will. Unfortunately, far too few people are concerned with what happens to their wealth after their death. The inherited wealth in Germany increases significantly. Studies indicate that two thirds of all inheritances now have a net value (i.e. after deducting liabilities) of more than 100,000 euros each.

So there is something to distribute. And German inheritance law gives the “testator”, as the deceased is called in the German Civil Code (BGB), a great deal of freedom to decide how and to whom he would like to bequeath something.

Testament offers many design options

There is also a legal succession, but this only occurs if there is no will. You can shape a lot with a will. This is particularly useful in complicated family relationships (multiple marriages, children, stepchildren, etc.). And if there are still assets, it is never too early to make a will anyway. This also applies here, in particular, if children belong to the family and, for example, a property is available.

If you want to change anything in your will, the first thing that matters is how you made the original will. If you have consulted a notary to draft it, it is best to change the will by him as well. This will give you the greatest legal certainty.

Changes must be signed

If you have handwritten your will, you have two options: Either write it completely from scratch and make it clear that the old will is no longer valid. Or you can make your changes in the original. For their validity, however, it is crucial that you also sign the changes and include the date and place. The Cologne Higher Regional Court recently ruled (decision of July 22, 2020 – 2 Wx 131/20), when it even allowed changes to a copy of the will. This also makes it clear that unclear changes can lead to disputes with and among the heirs.

Therefore, anyone who has something to bequeath should seek advice from a lawyer or notary. They can best implement the ideas for designing an estate and ensure that disputes are avoided as far as possible. In this way, it can also be discussed with the advisors whether the appointment of an executor makes sense, for example to avoid discussions among several heirs. Because all heirs form a “community of heirs”. This can only ever act collectively, which is often very impractical and leads to considerable coordination effort.

Make sure the will is found

You should always make sure that in the event of your death, your will is found safely and implemented as you wish. It is best to deposit a handwritten will in the central will register of the Federal Chamber of Notaries (www.testamentsregister.de) and keep a copy with you. In the event of death, an inquiry is automatically made to the will register for an existing will.

A final note: Those who have been disinherited have the right to inspect the will after the death of the testator in order to be able to check everything. This was recently made clear by the Federal Court of Justice (ruling of July 20, 2020 – NotZ [Brfg] 1/19), who saw that the notary was no longer obliged to maintain confidentiality with regard to the testator.

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