GermanyCan I set conditions in my will?
Yes, you can set conditions (conditions precedent or subsequent) in your will under German law, but they must be lawful, possible, and not violate public policy or forced share rights.
What the Law Says
German law permits testators to attach conditions (Auflagen or Bedingungen) to inheritances or legacies, as long as those conditions comply with statutory limits and principles of good faith.
Under German civil law, you may appoint an heir and attach conditions to their inheritance — for example, requiring the heir to maintain a family property, care for a relative, or complete university studies before receiving assets. These are called 'conditions precedent' (aufschiebende Bedingung) if they delay inheritance, or 'conditions subsequent' (auflösende Bedingung) if they terminate rights after inheritance has begun.
However, conditions must satisfy strict legal requirements: they must be possible, lawful, morally acceptable, and not violate the core rights of statutory heirs — especially their Pflichtteil (forced share). A condition that infringes on personal freedom (e.g., 'you may inherit only if you divorce your spouse') is void. So is one that contradicts public policy or encourages illegal or unethical behavior.
While BGB § 1937 itself does not explicitly mention conditions, it authorizes the testator to appoint heirs by will — and courts and doctrine interpret this power to include attaching lawful conditions, provided other provisions (e.g., BGB §§ 2100–2105 on legacies and conditions) are observed.
Statutory TextDer Erblasser kann durch einseitige Verfügung von Todes wegen (Testament, letztwillige Verfügung) den Erben bestimmen.
— BGB § 1937 — German Civil Code
What Courts Have Said
German courts emphasize that the testator’s true intent governs interpretation — especially when conditions are ambiguous — and allow extrinsic evidence to clarify meaning.
When a will contains ambiguous conditions, courts prioritize the testator's actual intent over literal wording; witness testimony about the testator’s statements is admissible to resolve uncertainty.
What to Do
Consult a German notary or inheritance lawyer before drafting conditional clauses — many invalid conditions go unnoticed until probate.
Clearly distinguish between a condition (which affects inheritance itself) and an 'Aufgabe' (a request or moral obligation — unenforceable).
Ensure no condition undermines a statutory heir’s Pflichtteil — e.g., do not make the entire estate conditional if it effectively disinherits a child without formal disinheritance (entering BGB § 2333).
State conditions in precise, unambiguous language — avoid vague terms like 'behave appropriately' or 'support the family'.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.