GermanyWhat is a notarial will and when do I need one?
A notarial will is a formal will drafted and certified by a German notary; it’s required for complex estates, joint wills, or when you want maximum legal certainty and avoid challenges.
What the Law Says
A notarial will (notarielles Testament) is one of the two legally valid forms of will in Germany — the other being the handwritten (holographic) will. It offers the highest level of formality, clarity, and enforceability under German law.
Under § 2231 of the German Civil Code (BGB), a will may be made in 'ordinary form' either by being recorded in writing by a notary or by the testator making a declaration before a notary under § 2247. This means the testator states their last wishes orally to the notary, who then records and certifies them.
Unlike a handwritten will, a notarial will does not require the testator’s own handwriting or signature on every page — the notary ensures formal compliance, including identity verification, capacity assessment, and proper documentation. This significantly reduces the risk of invalidity due to technical errors.
The notary also provides legal advice during the process (though not full representation), helping clarify inheritance law implications — such as forced share (Pflichtteil) rights — and ensuring the will aligns with the testator’s intent.
Statutory TextEin Testament kann in ordentlicher Form errichtet werden zur Niederschrift eines Notars, durch eine vom Erblasser nach § 2247 abgegebene Erklärung.
— BGB § 2231 — German Civil Code
What Courts Have Said
German courts emphasize that clarity and authenticity matter more than rigid formalism — but only where ambiguity exists. A notarial will greatly reduces the need for judicial interpretation.
When a will’s wording is ambiguous, courts prioritize the testator’s actual intent at the time of execution. Extrinsic evidence — like witness testimony about the testator’s statements — may be admitted to resolve uncertainty. A notarial will minimizes such ambiguity because the notary documents intent contemporaneously.
What to Do
Consult a notary (Notar) — appointment required; bring ID and list of heirs/assets.
Orally declare your testamentary wishes to the notary, who drafts and reads the will aloud.
Confirm understanding and sign the certified document — the notary files it with the Central Will Register (Zentrales Testamentsregister).
Store no personal copy — the original remains securely archived; heirs can request access after death.
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.