When is a will valid?

The testator must be capable of making a will, Section 2229 BGB. A minor can only draw up a will in their own hand once they have reached the age of majority. If they are 16 years old, they can draw up a notarised will. The will can only be made in person, § 2064 f. BGB (formal and material maximum personality). This means that only the testator may write the will. An exception to this is a will that is recorded by a notary. The testator himself must determine who is to receive benefits and cannot leave this to others.

The other requirements depend on the respective form of will. In Germany, the handwritten will, the notarised will, the joint will and the inheritance contract permissible. 

A handwritten will (Section 2247 BGB) must be handwritten and signed by the testator. It should also be dated and labelled with the place where it was made. However, if these details are missing, this does not automatically invalidate the will if the time and place of its creation can be determined differently. 

A notarised will is drawn up by the testator declaring their last wishes to the notary, Section 2232 BGB.