How long can I contest a will?
The period for contesting is one year (section 2082 German Civil Code). It does not start on the date of death but only once you learn of the ground for contesting, for example the testator's dementia or the threat made against them. Regardless of your knowledge, contesting is excluded 30 years after the death.
Which grounds justify contesting?
Mainly three: a mistake by the testator about the content or consequences of their disposition, an unlawful threat under which the will was made (both section 2078), and the passing over of a person entitled to a compulsory portion whom the testator did not know about, such as a child born later (section 2079). A will merely seeming unfair is not enough.
What does incapacity to make a will mean?
A person lacks testamentary capacity if, due to a pathological mental disorder, mental deficiency or impairment of consciousness, they cannot understand the meaning of their declaration and act accordingly (section 2229(4) German Civil Code). A dementia diagnosis alone does not prove this; what matters is the state at the moment the will was made. Such a will is void from the outset and does not need to be contested.
Is a formal defect enough to invalidate a will?
Often yes, and then no contesting is needed at all. A holographic will must be written entirely by hand and signed (section 2247 German Civil Code). A text typed on a computer and merely signed is therefore void, as is a will without a signature. Place and date should be stated, but their absence does not automatically invalidate the will.
Who is entitled to contest?
Only someone who would directly benefit from the contesting (section 2080 German Civil Code), meaning a person who would inherit or receive more without the contested disposition. Anyone who would still receive nothing cannot contest.
How and where do I contest?
For dispositions appointing an heir, the contesting is declared to the probate court (section 2081 German Civil Code), not to the co-heirs. The competent court is the probate division of the local court at the testator's last residence. Because the deadline is running, the declaration should not be made without legal review.
Can a Berlin will be contested?
Yes, a joint will made by spouses can also be challenged. On the death of the first spouse the mutually dependent provisions become binding (§ 2271 BGB), so the surviving spouse cannot simply replace them with a new will. The most common ground in practice is that a person entitled to a compulsory portion was passed over (§ 2079 BGB), for example a child the couple did not know about.
Can a notarised will be contested?
Yes. Notarisation does not prevent a challenge, but it shifts the burden of proof. The notary is required to record observations on legal capacity in the deed (§ 28 BeurkG). Anyone claiming lack of testamentary capacity must rebut that record, which requires solid medical documentation or witnesses from the time the will was made.
What are the chances of success?
Almost always the evidence decides, not the feeling of unfairness. The strongest ground is that a person entitled to a compulsory portion was passed over (§ 2079 BGB), because it can be proven with documents. Mistake and unlawful threat are hard to establish. A serious assessment is only possible once the documents have been reviewed.
What happens if the challenge succeeds?
The contested provision becomes void from the outset. What applies afterwards depends on the case: if an earlier valid will exists, it revives. If there is none, statutory succession applies.
