Inheritance Law · Contesting a Will
Contesting a Will: Legal Basis and Procedure
Not every will is valid. Formal errors, lack of testamentary capacity, deception or undue influence can make a will contestable. I review whether grounds for a challenge exist in your case.
Contesting a will is subject to strict deadlines and requires concrete grounds for challenge. Those who wait too long or act without legal basis lose their chances. I accompany you from the initial review to enforcement.
Grounds for contesting a will
Formal errors
A handwritten will must be written entirely by hand, dated and signed. If even one element is missing, the will may be invalid.
Testamentary incapacity
If the testator was no longer capable of making a will at the time of drawing it up: e.g. due to dementia or mental illness, the will is contestable.
Deception or threats
If the testator was induced to draw up the will by deception or threats, a challenge is possible. However, this is difficult to prove.
Undue influence
If a close person massively influenced the testator: especially in cases of care dependency, this may have restricted their free will.
My approach
Review
I carefully analyse the will for formal errors, invalidity and legal weaknesses.
Strategy
Together we develop the best legal strategy: out of court or in court.
Enforcement
I consistently enforce your claims and guide you through the entire process.
When should you instruct a lawyer?
You were unexpectedly disinherited
A sudden disinheritance without discernible reason can indicate influence or testamentary incapacity. A legal review is advisable.
The will seems strange or contradictory
Wording that does not fit the testator's personality may indicate external influence or limited testamentary capacity.
You have indications of deception or pressure
If you have concrete evidence that the will was drawn up under duress or deception, this should be legally assessed.
The will has formal errors
Even small formal defects can lead to invalidity. We check whether such errors exist and what the consequences are.
How does the consultation work?
Will analysis
I review the will for formal and substantive defects and for indications of deception or testamentary incapacity.
Assess prospects
I tell you honestly whether a challenge is promising, and what risks and costs to expect.
Secure the challenge deadline
The challenge period is 1 year. I act immediately so your rights do not lapse.
Initiate challenge
I declare the challenge to the probate court and consistently represent you in the further proceedings.
Typical mistakes when contesting a will
- Missing the challenge deadline (1 year from knowledge of the grounds)
- Relying on self-research instead of using legal expertise
- Not securing evidence of deception or testamentary incapacity
- Accepting a settlement too early without knowing your legal position
- Not involving the probate court in time
Reviewed by attorney Christian Kopitzsch
Attorney for inheritance law in Berlin, over 18 years of experience.
Frequently asked questions about contesting a will
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.
Have your will reviewed.
I fight for your rights, with experience, sensitivity and the necessary resolve.