Poor people have wills

The testament

5. Safekeeping and safekeeping of a will

Where is the best place to keep a handwritten will?

Depending on how and where the testator keeps his will, there is a risk that it will not be found after his death. The will can be damaged or lost during the life of the testator or even be suppressed or even destroyed by a person who feels that he is under-considered or unfairly considered!

Tip from the specialist lawyer for inheritance law:

It is strongly recommended to include a handwritten will in the special official custody to give. This is possible at any district court in whose district you are currently staying.

The official custody of a will costs only legal costs offlat rate € 75.00. In addition, there will be more18,00 € collected for registration in the Central Register of Wills. Unlike before 08/01/13, the value of the property no longer matters!

Where is a notarial will kept?

The notary who draws up the minutes of the drawing up of a will must arrange for the will to be placed in special official custody immediately, Section 34 (1) BeurkG.

In principle, this also applies to the conclusion of an inheritance contract, unless the contracting parties expressly exclude special official custody, Section 34 (2) BeurkG. If the parties involved in an inheritance contract have excluded special official custody, the document remains in the custody of the notary, Section 34 (3) BeurkG.

If the document contains other contractual agreements in addition to dispositions due to death, then in case of doubt it can be assumed that the parties do not want special official custody and the document should remain in the custody of the notary, Section 34 (2), 2nd Hs BeurkG. This regulation is particularly applicable to inheritance contracts that are linked to a marriage contract in the same document.

Can I deposit my will with the Central Register of Wills?

The Federal Chamber of Notaries in Berlin has been running the Central Register of Wills since January 1st, 2012.
However, neither public nor handwritten wills can be placed in safekeeping there. Only the details of the person of the testator, the place of safekeeping and the will and testament are recorded in the register. The contents of the will is not included in the register.

With every death, the Federal Chamber of Notaries checks the register for registered wills and inheritance contracts. If the relevant information is available, both the competent probate court and the depositary will be informed electronically immediately.

  Register of wills - meaning and explanation

What happens if a will cannot be found?

In the process or in the certificate of inheritance procedure, the person who invokes the validity of the will must prove that it was formally established and what the content of the will is. If a will cannot be found, there is no legal presumption that it was destroyed by the testator with the intention of revocation. This means that the existence of a death disposal that has disappeared can in principle be proven with all admissible evidence.
If this succeeds, then the person who claims the annulment of the will bears the burden of proof.