When can a will be contested?
A will can be contested under certain conditions. German law (§§ 2078–2082 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