GermanyCan I revoke a joint will after my spouse dies?
Generally, no — the surviving spouse cannot unilaterally revoke reciprocal dispositions in a joint will after the first spouse dies, unless they disclaim the inheritance or meet strict legal exceptions.
What the Law Says
German civil law strictly limits the ability of a surviving spouse to revoke a joint will after the other spouse’s death. The rules depend on whether the will contains 'reciprocal dispositions' — common in Berliner Testamente — where each spouse names the other as sole heir and appoints final heirs (e.g., children) to inherit after the survivor’s death.
Under BGB § 2271, reciprocal dispositions are mutually dependent. While both spouses are alive, either may revoke their own disposition only by mutual agreement — like terminating an inheritance contract (§ 2296). A new unilateral will does not override the joint arrangement.
Crucially, § 2271(2) states that the right to revoke *ends entirely* upon the death of the first spouse. From that moment, the surviving spouse is legally bound by the terms — including the appointment of final heirs — unless they formally disclaim the inheritance (Ausschlagung).
Even after accepting the inheritance, limited revocation remains possible under strict conditions: if the survivor later qualifies for relief under § 2294 (e.g., due to hardship from supporting dependents) or § 2336 (e.g., gross ingratitude by the final heir), but these require court approval and are rarely granted.
Statutory TextDas Recht zum Widerruf erlischt mit dem Tode des anderen Ehegatten; der Überlebende kann jedoch seine Verfügung aufheben, wenn er das ihm Zugewendete ausschlägt.
— BGB § 2271(2) — German Civil Code
Statutory TextDurch eine neue Verfügung von Todes wegen kann ein Ehegatte bei Lebzeiten des anderen seine Verfügung nicht einseitig aufheben.
— BGB § 2271(1) — German Civil Code
What Courts Have Said
German courts consistently uphold the binding nature of reciprocal dispositions in joint wills after the first death, emphasizing legal certainty for final heirs and protecting family succession plans.
The Federal Court confirmed that once the first spouse dies, the surviving spouse is bound by the reciprocal terms of a Berliner Testament and cannot unilaterally revoke the appointment of final heirs — even by making a new will. Such attempts are legally ineffective.
What to Do
Do not assume you can change the will after your spouse dies — consult a German inheritance lawyer immediately.
If you wish to avoid the joint will’s terms, you must disclaim the inheritance within 6 weeks of learning about it (§ 1944 BGB).
If you’ve already accepted the inheritance, explore narrow exceptions under § 2294 or § 2336 — but expect high evidentiary hurdles and likely litigation.
Never rely on a new handwritten or notarial will to override the joint will — it won’t work without formal revocation while both spouses were alive.
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.