Amendment of wills
In some cases, changes in life circumstances mean that the existing will no longer corresponds to the testator's current wishes. It is generally advisable to always keep an eye on the will that has already been written in the event of developments, such as the birth of another child, and to update it if necessary.
How can I change a will?
Whether and how a will can be changed depends largely on the form in which it was originally drawn up. German inheritance law distinguishes in particular between handwritten (holographic) wills, notarial wills, and joint wills of spouses or registered civil partners. Different requirements and legal consequences apply to each of these forms in the event of a change or revocation.
The crucial first step is therefore to determine what type of will exists. Only then can it be assessed whether a simple amendment suffices, a complete revocation is necessary, or whether special formal requirements – such as renewed notarization – must be met.
Amendment of a private will
A private will was drawn up by the testator himself in handwriting. This can be changed by the testator at any time in handwriting. The changes can be made directly in the will or a completely new will can be drawn up. In this case, the newly drawn up will is considered valid.
If the will has been placed in official safekeeping, it can be reclaimed at any time. This action renders the will invalid. This will can be supplemented or amended by the testator and then returned to official custody.
Amendment of a notarised individual will
It is more difficult to change a notarised individual will. Although this can also be removed from official custody at any time, it is then automatically deemed revoked in accordance with Section 2256 (1) BGB.
Furthermore, the testator has the option of revoking his or her notarised will by means of a private will or notarised will. If the testator only wishes to make additions or changes, they can expressly refer to the existing will in their later will and indicate the extent to which they wish to make changes.
Amendment of a joint handwritten will
A joint will can be replaced or supplemented at any time by a later joint will, Section 2258 BGB.
The spouses can also make changes at any time. It is important that the changes are signed by the other spouse.
Further information on the revocation of inheritance contracts and spouse's wills can be found at here.
Conclusion on changing wills
Changing a will is possible at any time – however, the decisive factor is the form of the will that was originally chosen. While a handwritten will can be changed or revoked relatively easily, a notarized will is subject to specific legal requirements under the German Civil Code (BGB). In particular, the mere retrieval of the will from official custody can be considered a revocation.
Particular caution is advised with joint wills, such as those made between spouses or partners. Amendments generally require the participation of both parties, unless a binding effect has already been established. Otherwise, a unilateral disposition may be invalid or trigger unexpected legal consequences.
Anyone wishing to amend or revoke their will should always carefully consider whether previous provisions are to be expressly revoked or merely partially amended. Clear and unambiguous wording prevents later problems of interpretation. Especially in cases of complex financial circumstances, legal advice is recommended to ensure that the revocation or amendment is legally sound and reflects the testator's current wishes. Those who wish to stay regularly informed about developments in inheritance law can also subscribe to a relevant newsletter to be aware of changes in inheritance law at an early stage.