When can a will be contested?
A will can be contested under certain conditions. German law (§§ 2078 bis 2082 BGB) recognises two main grounds for contestation: error and unlawful threats.
- Error: The testator was mistaken about the content or a significant circumstance
- Threat or deception: The testator was coerced or deceived into making the will
⚠️ Not every dissatisfaction with the content of a will is grounds for contestation. The legal hurdles are high.
What deadlines apply?
The contestation period is 1 year from knowledge of the ground for contestation (§ 2082 BGB). An absolute exclusion period of 30 years applies regardless.
How does contestation work?
- Declaration of contestation at the probate court
- Presentation and proof of the grounds for contestation
- Court proceedings, possibly with expert opinion on testamentary capacity
- If successful: will is deemed void from the outset
Frequently asked questions
How long can a will be contested?
One year from learning of the ground for rescission (§ 2082 para. 1 BGB), not from the date of death, with an absolute limit of thirty years.
Who must the declaration be addressed to?
The probate court (§ 2081 BGB). A letter to the appointed heirs does not preserve the deadline.
Is dementia a ground for rescission?
No. Lack of testamentary capacity under § 2229 para. 4 BGB makes the will void rather than voidable, so no one-year deadline applies.
Do I inherit if the challenge succeeds?
Not automatically. An earlier will or statutory succession then applies, so check what follows before contesting.