What is a handwritten will?
A handwritten will, also called a holographic will, is the simplest and free way to record last wishes. No notary or witnesses are required. However, certain formal requirements must be strictly observed, otherwise the will is invalid.
Mandatory formal requirements
- Written entirely by hand: no typed or printed text, no PC
- Full location and date (day, month, year)
- Handwritten signature, with full first and last name
- Testamentary capacity required at the time of drafting
⚠️ A will written on a PC, even if signed by hand, is legally INVALID.
Common mistakes and their consequences
- Missing date: Can make the will contestable or invalid
- Unclear wording: Leads to disputes in interpretation
- No reference to previous wills: Can cause contradictions
- Ignoring compulsory portions: Disinheritance is valid but triggers claims
Where should a will be kept?
- Official custody at the probate court, for a small fee
- With a notary, registered in the Central Will Register
- Not at home in a drawer, wills can be lost or destroyed
Tip: Lodge your will at the probate court. It will then be automatically opened and read after your death.
Frequently asked questions
Is a typed will valid?
No. § 2247 BGB requires the entire text to be written by hand. A printed will that is merely signed by hand is invalid, and statutory succession applies instead.
Does a handwritten will need a date?
It should carry a date, but this is not mandatory. It becomes critical where several wills exist and the later one cannot be identified. In that case the undated will is invalid under § 2247 para. 5 BGB.
Where do I sign?
At the end of the text, with first and last name. Anything added after the signature is not covered by it and is therefore ineffective unless signed again.
Can a will be invalid because of dementia?
Yes, if the testator lacked testamentary capacity at the time (§ 2229 para. 4 BGB). A diagnosis alone is not enough; what matters is the condition at the moment the will was made.