A lawyer’s costs in inheritance law are not fixed by statute as a flat rate for advice and drafting a will. The Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) provides that for pure advice the lawyer should work towards a fee agreement. If there is none, the remuneration is governed by civil law, and caps apply for consumers: at most 190 euros for a first advisory meeting and at most 250 euros for further advice, in each case plus value added tax (§ 34 (1) RVG).
Lawyers charge for advice, drafting a will and reviewing existing dispositions in different ways; the notary’s costs are added. Disputes with court proceedings are a subject of their own; for provision see estate planning. The legal position is as of October 2026. The concrete fees of a law firm cannot be stated in general, because they depend on the individual assignment.
Why There Is No Fixed Fee for Advice
For mere advice the RVG knows no fee table but refers to agreement. Under § 34 (1) RVG the lawyer should work towards a fee agreement for advice not connected with any other fee-bearing activity, for written expert opinions and for mediation. Without an agreement the remuneration under civil law applies, that is, the customary fee. If the client is a consumer, the fee for advice or a written expert opinion is capped at 250 euros, and for a first advisory meeting at 190 euros.
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Service | Cap for consumers without agreement | With 19 % value added tax |
|---|---|---|
| First advisory meeting | 190 euros | 226.10 euros |
| Further advice or written expert opinion | 250 euros | 297.50 euros |
These limits apply only without an agreement and only to consumers. Anyone advised as an entrepreneur, for example on succession arrangements for their own business, cannot rely on a statutory cap. Expenses such as postage or travel costs are added. A first advisory meeting means a first, rough conversation for orientation, not the working out of a solution. If a further fee-bearing activity connected with the advice is commissioned, such as out-of-court representation towards third parties, the advice fee is, absent a different agreement, credited against it (§ 34 (2) RVG).
The Fee Agreement: Hourly Rate, Flat Fee, Fixed Price
In practice the remuneration in inheritance law is mostly agreed, because the effort of structuring depends on the individual case. Three models are usual:
- Hourly rate: Billing is by the actual time spent. This is flexible but hard to calculate. A cap or an estimate of the total effort makes sense.
- Flat fee: A fixed amount for a clearly defined assignment, for example advice and drafting of an individual will. What matters is what is included in the price, for example later amendments and the review of existing dispositions.
- Billing under the RVG: An assignment limited to the draft of an individual or joint will is, according to the case law of the Federal Court of Justice (Bundesgerichtshof), advice under § 34 RVG, not a transaction under no. 2300 VV RVG (BGH, judgment of 22 February 2018, IX ZR 115/17; judgment of 15 April 2021, IX ZR 143/20). For drafting an inheritance contract this has not been decided; because it concerns the design of a contract, much speaks for the business fee under no. 2300 VV RVG. Without an agreement the customary fee therefore applies, for consumers capped at no more than 250 euros plus value added tax (§ 34 (1) sentence 3 RVG). The business fee (range 0.5 to 2.5, above 1.3 only for extensive or difficult work) comes into consideration for cooperation in a contract (preliminary remark 2.3 (3) VV RVG) or for activity directed to the outside. The value of the subject matter is then governed by § 23 (3) RVG and the provisions of the GNotKG named there.
For a fee agreement under § 3a RVG the following applies: it requires text form, must be designated as a fee agreement and clearly set apart from other agreements, and must not be in the power of attorney. It must also point out that in case of cost reimbursement the other side must as a rule reimburse only the statutory remuneration. For pure advice agreements under § 34 RVG, these formal requirements do not apply under the statute; you should nevertheless record the arrangement in writing. If an agreed fee is unreasonably high, it can in a dispute be reduced to a reasonable amount, but at most to the statutory remuneration (§ 3a (3) RVG).
What Drafting a Will Costs and What It Does Not
The lawyer can draft your will but cannot record it notarially. A draft becomes an effective will only through your own handwriting: under § 2247 (1) BGB the handwritten will must be written and signed by you yourself. A signature under a printout is not sufficient. This is one of the most common formal errors when lawyers’ drafts are adopted unchecked.
The costs of the draft depend above all on these factors:
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Effort factor | Effect on the need for advice |
|---|---|
| Family situation (blended family, children from earlier relationships, unmarried couples) | rises, because spouse and compulsory portion questions must be coordinated |
| Business or shareholdings in the estate | rises, because the partnership agreement and succession must be examined |
| Existing wills or inheritance contracts | rises, because binding effect and contradiction must be examined |
| Tax structuring | rises, because allowances and valuation must be included |
| Foreign connection | rises, because choice of law and foreign law must be clarified |
An existing text does not necessarily make the advice cheaper. The lawyer must first establish what is regulated and whether it achieves what you want. A new will does not automatically revoke an earlier one entirely: if the two contradict each other, the later one applies only to the extent of the contradiction (§ 2258 BGB). Anyone who wants to replace an earlier will completely should state this expressly. Particular caution is needed with joint wills and inheritance contracts, because they can bind the testator.
Notary or Lawyer: Role and Costs Compared
Notary and lawyer perform different tasks. The notary makes a public will by recording your wishes (§ 2232 BGB) and is obliged to give independent, impartial guidance. The lawyer represents your interests and develops structures. The notary’s fees are fixed by statute and cannot be freely negotiated.
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Lawyer | Notary | |
|---|---|---|
| Basis of costs | Agreement or § 34 RVG; no. 2300 VV RVG only for activity directed to the outside or contract design | GNotKG, schedule of fees, value of the transaction under § 102 |
| Notarial recording | not possible | possible |
| Fee rate, will | by agreement | 1.0 for the individual will, at least 60 euros (no. 21200 KV GNotKG) |
| Fee rate, joint will, inheritance contract | by agreement | 2.0, at least 120 euros (no. 21100 KV GNotKG) |
| Role | representative of interests | impartial guide |
The value of the transaction under § 102 GNotKG is in principle the value of the assets disposed of. Liabilities are deducted only to a limited extent, namely at most up to half of the asset value. The concrete amount of the fee follows from the table to the GNotKG; the notary states the expected costs in advance.
The cost difference is put into perspective later. Someone who leaves a notarial will often spares the heirs a certificate of inheritance: the land registry can accept an opened notarial will together with the record of opening as proof of succession (§ 35 (1) sentence 2 GBO). This does not apply without exception, however, for example if the succession remains unclear despite the will. A handwritten will, by contrast, more often requires a certificate of inheritance, the costs of which the heirs bear. A combination is possible: the lawyer develops the structure, the notary records it.
Further Costs Around the Will
Further items may be added to the advice costs. A handwritten will need not be deposited; you can keep it at home. Anyone who wants to be sure that it is found and opened can place it in special official custody at the local court (§ 2248 BGB). Court fees arise for this, and the custody details are registered in the Central Register of Wills (Zentrales Testamentsregister) of the Federal Chamber of Notaries. The register contains the place of custody, not the content. The court fee for special official custody is 82 euros (no. 12100 KV GNotKG), the registration in the Central Register of Wills 12.50 euros, 15.50 euros if collected directly by the Federal Chamber of Notaries (§ 1 (2) Testamentsregister-Gebührensatzung). The amounts can change.
For tax optimisation separate advice may be needed, because allowances and valuation questions influence the structure. The personal allowances of § 16 (1) ErbStG presuppose unlimited tax liability; under limited tax liability § 16 (2) ErbStG applies. If a tax question of law is open or the legal position is changing, a binding ruling (verbindliche Auskunft) from the tax office under § 89 (2) AO comes into consideration before implementation; the fee for it is governed by § 89 (3) to (7) AO.
When Legal Advice in Inheritance Law Makes Sense
Not every estate needs legal help. Someone who is married, has children and wants to distribute their assets exactly according to statutory succession often needs little advice. Legal structuring makes sense above all in these situations:
- Unmarried couples: They are not statutory heirs of each other. Without a will, children or other relatives can inherit.
- Blended families: Spouses and children from different relationships must be secured without triggering compulsory portion claims.
- Disinheriting a close relative: Children, spouses and, in certain circumstances, parents retain a compulsory portion claim under § 2303 BGB. Compulsory portion claims of close relatives also remain.
- Business in the estate: Partnership agreement, succession clauses and liquidity must fit together.
- Disabled or over-indebted heirs: Special forms such as the will for a disabled beneficiary (Behindertentestament) have their own requirements.
- Lifetime transfers: Anyone who transfers assets already during their lifetime should plan anticipated succession and compulsory portion consequences together.
Three Mistakes Laypeople Make with Advice and a Will
First: not clarifying the scope of the assignment. A first meeting is not the draft, and a draft is not the review of all previous dispositions. Anyone who orders only “a will” may receive no advice on compulsory portion or taxes. Before the assignment, ask for a description of the scope of services and the type of fee, ideally in text form.
Second: only signing the draft instead of copying it. The lawyer’s draft is not a will. It becomes effective only when you write it out completely by hand and sign it (§ 2247 BGB) or have it recorded by a notary.
Third: overlooking existing commitments and the foreign connection. An earlier joint will or an inheritance contract can restrict later changes. And anyone who lives abroad or has assets there must clarify the applicable succession law before structuring.
Inheritance Law with a Foreign Connection: Effect on the Advisory Effort
If the testator has assets abroad or lives there, the advisory effort rises, because it must additionally be clarified which succession law applies. In the EU the applicable law is in principle determined by the last habitual residence (Art. 21 (1) EuErbVO). Art. 21 (2) EuErbVO provides an exception in favour of the law of a state with a manifestly closer connection. Under Art. 22 EuErbVO the law of the state of nationality can be chosen. Denmark and Ireland do not apply the Regulation; German courts treat them like third states. Statements on foreign law itself are reserved for a local adviser. An overview is offered by the article on international inheritance law on emigration, on structuring the article Will When Living Abroad and on contracts Inheritance Contract Instead of a Will with a Foreign Connection.
The costs, too, do not necessarily rise linearly. An overall concept with choice of law, will and tax review is often more elaborate than a domestic will, but saves disputes after the succession. Additional costs of a foreign adviser or notary are governed by the law there.
How to Prepare the Meeting and Keep Costs in Check
Preparation influences the effort. Helpful are a list of assets (real estate, accounts, shareholdings, insurance), an overview of family circumstances, existing wills and inheritance contracts, and your goals. Anyone who comes organised saves advisory time, which costs directly at an hourly rate. Ask for a cost estimate or a cap and clarify whether later amendments are included. An additional opinion on a finished draft can be obtained as a legal second opinion. Advice by video is also possible, see Video Consultation with a Lawyer.
Conclusion
Lawyer’s costs in inheritance law are a matter of negotiation for advice and structuring: the RVG refers to agreement and only for consumers caps the advice fee without agreement at 190 euros for the first meeting and 250 euros beyond that. The notary charges at fixed rates under the GNotKG but has a different role from the lawyer. What counts for you is a clearly described scope of services, a type of fee that fits the assignment, and compliance with the formal requirements. Anyone who structures carefully before the succession often avoids the far higher costs of a later dispute.
Frequently Asked Questions
What does a first legal consultation in inheritance law cost?
Without an agreement at most 190 euros plus value added tax, that is 226.10 euros, if you are a consumer (§ 34 (1) RVG). With an agreement the remuneration can be higher or lower. Ask in advance whether the first meeting is credited against later remuneration.
What does it cost to have a lawyer draft a will?
That cannot be said as a flat figure. Without an agreement, a pure draft of a will counts, according to the case law of the Federal Court of Justice, as advice under § 34 RVG: the customary fee applies, for consumers at most 250 euros plus value added tax (§ 34 (1) sentence 3 RVG; on classification as advice see BGH, judgment of 22 February 2018, IX ZR 115/17). In practice a flat fee or hourly rate is usually agreed. The draft becomes effective only through your handwritten copy or notarial recording.
Is a notary cheaper than a lawyer?
That depends on the assignment. The notary charges at fixed fee rates and the value of the transaction, the lawyer by agreement. The notary records, the lawyer represents your interests. A notarial will can later spare the heirs the certificate of inheritance, which saves costs.
Must I conclude a fee agreement in writing?
A fee agreement under § 3a RVG requires text form and must contain notices. For pure advice agreements under § 34 RVG the statute does not provide for this form, but putting it in writing is advisable so that scope and fee can be followed.
Can I get advice in inheritance law through advice assistance?
With low income, advice assistance (Beratungshilfe) comes into consideration. The local court issues the entitlement certificate; the own contribution is fixed by statute. Whether advice on structuring a will falls under it depends on the individual case and is to be clarified in advance with the local court.
Attorney Dr. Johannes Fiala and the law firm, with a focus on international inheritance law, tax law and asset protection in Munich, advise testators, couples and entrepreneurs on estate structuring, from advice through the will and the inheritance contract to tax planning. Dr. Fiala has published extensively on questions of emigration and asset protection. Contact the firm without obligation to discuss your individual situation in an initial consultation.
