Guide: How to write a will in 7 steps — Wilderness International Germany

That’s what it’s all about

It doesn’t take much to draw up your own will. Basically, all you need is a pen and a piece of paper. But why should you write a will in the first place? What do you need to know beforehand, and how do you go about drawing it up, step by step? You’ll find out in this article.

Bald eagle perched on a moss-covered tree in a coniferous forest, looking to the left.

Article at a glance

You need a will if you wish to deviate from the order of succession laid down by law when distributing your estate
Under the rules of intestate succession, only the closest blood relatives inherit
Your will is only valid if it is handwritten or certified by a notary
You can amend, revoke or tear up your will at any time
A bequest made in your will to a charity is exempt from inheritance tax
Before you start writing, you should, for example, appoint a trusted person, draw up a statement of assets and liabilities, and set out your wishes
You can write a legally valid will by hand yourself in 7 simple steps

1. When do I need a will?

Only with a will can you arrange your estate on your own terms. This is because a will enables you to

deviate from the statutory order of succession,
to specifically bequeath certain assets to particular people,
to leave something to a charitable organisation,
ensure that specific arrangements and wishes are carried out,
prevent family disputes and ambiguities,
to settle the estate in a legally sound manner and
sometimes to take advantage of tax benefits.

If, for example, you want to bequeath the Ming vase – which a good friend of yours has always loved – to her, or if you wish for your neighbour to look after your short-haired dachshund after your death, you must draw up a will.

Without a will, statutory succession always applies in Germany. In this case, the beneficiaries are exclusively blood relatives, spouses and/or registered civil partners, or the state.

Under the rules of intestate succession, only blood relatives are entitled to an inheritance.

Flowchart showing German legal inheritance order: from deceased person through children and parents to grandparents and relatives across three levels. — Under the rules of intestate succession, only blood relatives are entitled to an inheritance.

This is what happens if there is no will

Only your will can partially override the statutory order of succession. Making a will is far less about the orderly distribution of your estate and far more about ensuring freedom of choice and self-determination.

This also applies where there is a will: the statutory compulsory share

The statutory compulsory portion is only payable to the closest family members. These include one’s own children and one’s spouse or registered partner. If there are no children (or no longer any children), grandchildren or parents may also be entitled to the compulsory portion.

The statutory compulsory portion ensures that close relatives are entitled to a minimum financial share of the estate. The claim to the compulsory portion is purely a monetary claim. The amount is half of the statutory share of the inheritance.

2. Drawing up a will: Things you should sort out

It’s easy to write a will. It’s even easier if you’ve thought of everything and have all the important information to hand. Below, we’ll show you what you need to know to prepare your will.

The difference between your inheritance and your legacy

In your will, you can choose to bequeath or devolve your estate. However, there are important differences.

When bequeathing or appointing an heir, you specify in your will who your heir will be and who will therefore succeed you in law. As your legal successors, heirs take on all your rights and obligations – your assets and possessions such as your house, car, rental income and works of art, but also your liabilities. In the event of doubt, heirs are therefore liable for debts arising from the estate with their own assets.
In the case of a bequest, the beneficiary (also known as the legatee) acquires a claim against the heirs. A bequest may take the form of a sum of money, a property or an item. The heirs are obliged to fulfil the bequest.

Seek a discussion before appointing an heir

If you wish to appoint someone outside your immediate family or an organisation as your beneficiary, you should discuss this with them beforehand.

Particularly if you are naming an organisation as your beneficiary, it is advisable to familiarise yourself with the organisation and carefully check how donations are used and managed.

Transparency at Wilderness International

Find out more

A handwritten or notarised will

You have two options for drawing up your will: by hand or through a solicitor.

A handwritten or holographic will is the simplest form of making a will. All you need is a piece of paper and a pen.

Important: A holographic will is only legally valid if the entire text is handwritten and signed.

If you want to be on the safe side, clear up any misunderstandings and avoid formal errors, you can have your will drawn up by a solicitor or a specialist lawyer. A notarised will guarantees legal certainty and is advisable for complex inheritance arrangements.

Charitable status exempts an organisation from inheritance tax

If you are considering leaving a bequest to a charitable organisation, the bequest – or that part of your estate – is exempt from inheritance tax. If, for example, you leave part of your estate to Wilderness International, we can use it to save endangered rainforest without any tax deductions.

Important: The organisation must be recognised as a charity by the tax authorities. Charity status is subject to certain key conditions.

Checklist: Have you thought of everything?

Before you start writing your will, there are a few things you should be clear about. Our checklist will help you get an overview in advance.

Appoint a trusted person: Think about who in your circle of friends and family is a reliable person who could carry out your wishes in an emergency or sort out important matters.
Identify heirs and/or beneficiaries: Think about who should inherit your estate or specific items.
Draw up an overview of your assets: Get a clear picture of all your possessions. These include: cash, bank accounts, property, financial investments, vehicles, precious metals, coins and even pets.
List your contracts: Gather all important contracts, such as life insurance policies, tenancy agreements or subscriptions. This makes it clear what obligations exist and who the beneficiaries are.
Check your liabilities: Make a list of any debts or outstanding payments. This will help ensure that your heirs are not later caught out by unexpected financial burdens.
Compile a list of next of kin: Have the contact details and family relationships of your closest relatives to hand.
Note down your wishes: Think about who should be notified in the event of your death and what personal wishes you have for the time after your death – for example, regarding your funeral or the maintenance of your grave.
Organise your documents: Keep all important documents in one place and let someone you trust know where they are. Important documents include your will, your birth certificate, your bank statements, key addresses and your funeral arrangements.

Tip: Write out your will first, then copy it out

Although your holographic will is only legally valid if you write it by hand, this does not mean that you cannot draft it on a computer or via an online service and then copy it out by hand.

This step can help you to check your will one last time to ensure it is complete. It also makes it easier for you to edit, add to or discard it.

And don’t overlook this: drawing up a will means coming to terms with your own mortality. That can be frightening and overwhelming. So ‘practising’ and trying out the process of making a will can take the pressure off you to get everything right straight away and settle your affairs once and for all.

Your will can be revoked at any time

A will is not set in stone, but is literally written on paper. If you change your mind, wish to amend your will or destroy it, you can simply tear it up. This renders it legally invalid.

Of course, you can also simply rewrite your will or revoke your old will in a new one with a single sentence.

3. How to write your will in 7 steps

A sheet of paper and a pen: that’s all you need to draw up a will. You can easily write your own will in these 7 steps. At the same time, by following our guide, you’ll ensure that your will is complete and therefore legally valid.

By hand from start to finish

Write the text entirely by hand yourself. A typewritten document, even if signed, is invalid.
If your handwriting is illegible, you may enclose a typewritten copy with the handwritten will to aid in reading it.
Valid only if signed

Sign your will with your first name and surname. This is essential in order to identify you as the author of the will.
The place and date provide clarity

Make sure to include the place and date of execution in your will. This is because a more recent will supersedes an older one. Stating the place and date helps to avoid any ambiguity.
Not essential, but useful: heading

Although a heading is not strictly required, it makes it easier to identify the document and demonstrates your commitment.
Possible: revoking a previous will

If you have already drawn up a will that you no longer wish to be valid, you must expressly revoke it in your new will. You can simply use the following wording at the beginning of your new will: “I hereby revoke all my previous wills in their entirety.”
Use clear and unambiguous wording

Your will must clearly state who the heirs are, who is to receive a bequest and/or what conditions apply to whom. You should therefore state clearly, comprehensively and in as much detail as possible who is to receive what.
You may wish to use the following structure as a guide:
“The Wilderness International Foundation, Grundstr. 1, 01326 Dresden Germany, shall receive a bequest of X € from my estate.”
Number and staple together

If your will is several pages long, sign each page, number them and staple them together. This ensures that the document is complete and can prevent individual pages from ‘going missing’.

Keep it safe

You can keep your will anywhere. It should be kept safe and be easy to find. We recommend that you tell at least one person you trust that you have made a will and where it can be found.

The safest option is to have it deposited with the relevant local court, subject to a fee. Your will will then be entered securely and safely into the Central Register of Wills.