You can make a will abroad before a foreign notary, before a German consular officer or in your own handwriting; it is formally valid in Germany if it complies with the law of at least one of the connecting factors of the Hague Convention on the Form of Testamentary Dispositions of 1961, for example the law of the place where it was made or the law of nationality. The form, however, says nothing about the applicable inheritance law or the provisions in the will.
Anyone who wants to make a will abroad, or has already made one there, first asks about the form: is a handwritten text sufficient, is a local notary needed, must witnesses be present, and will a German probate court later recognise the document? These questions of form can usually be answered well, because the Hague Convention and the EU Succession Regulation (Erbrechtsverordnung, EuErbVO) deliberately regulate recognition generously. It becomes harder with what the form does not answer: which inheritance law applies, whether the wishes are actually implemented in this way, and how the heirs later prove their status. This article deals with the questions of form when making a will. How a change of residence affects the applicable inheritance law is explained in the article Will when living abroad. The legal position is as of October 2026. It is written for readers abroad as well, for example German citizens living outside Germany or foreign nationals with German assets.
Three Questions to Be Examined Separately
In every will with a foreign connection, three levels are often mixed up. The form concerns the outer shell: handwritten, notarial, with or without witnesses. The law applicable to the succession (Erbstatut) concerns the content: who inherits, how high compulsory portions are, whether a joint will is permissible. The proof concerns practice: how do heirs identify themselves to banks, land registries and courts?
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| Level | Central question | Applicable rules |
|---|---|---|
| Form | Was the document made in a formally valid way? | Hague Convention on the Form of Testamentary Dispositions of 1961, for inheritance contracts Art. 27 EuErbVO |
| Content | Which law determines the admissibility and effect of the provisions? | Art. 21, 22, 24 to 26 EuErbVO |
| Proof and administration | Who is the heir, where is the will opened? | National procedural law, European Certificate of Succession (Europäisches Nachlasszeugnis), § 2259 German Civil Code (BGB) |
A formally valid will can come to nothing in substance, and a will that is carefully drafted in substance can fail on form. Both can be avoided if the review is carried out in this order.
When a Will Made Abroad Is Formally Valid
The Hague Convention on the Form of Testamentary Dispositions
Germany is one of the contracting states of the Hague Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions. It follows the principle of letting a will fail on form as little as possible. The disposition is formally valid if it complies with the law of at least one of the following connecting factors:
- the place where the testator made the disposition,
- the state whose nationality the testator held at the time of the disposition or at the time of death,
- the state in which the testator was domiciled at the time of the disposition or at the time of death,
- the state in which he or she had his or her habitual residence at one of these times,
- for immovable property, the state in which it is situated.
The list is alternative. One satisfied connecting factor suffices. A German national who writes a handwritten will under § 2247 BGB abroad thereby makes a formally valid disposition under the law of nationality, even if the place of making does not know this form. Conversely, a will notarised before a foreign notary under local law is formally valid in Germany, because the law of the place of making was complied with.
Art. 27 EuErbVO for Inheritance Contracts and States without the Convention
Art. 27 EuErbVO contains a provision that corresponds in substance. Under Art. 75 (1) subparagraph 2 EuErbVO, the Hague Convention takes precedence for wills in relations between the Member States that belong to it. Art. 27 EuErbVO therefore remains significant above all for inheritance contracts and for Member States that have not acceded to the Convention. The connecting factors essentially correspond to those of the Convention; whether someone was domiciled in a state is determined by the law of that state.
Witnesses, Age and Nationality Belong to the Form
A widespread error concerns the delimitation of form and content. Under Art. 27 (3) EuErbVO, provisions that restrict the permitted forms by reference to the age, nationality or other personal characteristics of the testator or of the required witnesses are regarded as part of the law of form. The Hague Convention likewise assigns such restrictions to the form. Whether a witness may be a beneficiary or what qualification a notary needs is therefore usually not a question of the law applicable to the succession.
An Example from Current Case Law
By judgment of 21 January 2026 (IV ZR 40/25), the Federal Court of Justice (Bundesgerichtshof) treated the will of a Dutch national living in Germany as formally valid, although the Dutch notary candidate who recorded it had recorded it at the testator’s German domicile and had thereby violated foreign rules on her official district. Under the Hague Convention, compliance with the law of nationality sufficed, and the consequences of a defect of form were also governed by that law. The decision shows how far the alternative connection carries. It also shows that disputes regularly turn on the question of which of several possible laws of form is decisive.
Which Forms Are Available Abroad
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| Form | Requirement | Special feature in the foreign case |
|---|---|---|
| Handwritten will | Written and signed entirely in the testator’s own hand (§ 2247 (1) BGB); date and place should be stated (§ 2247 (2) BGB) | For German nationals regularly formally valid, but in practice often hard to enforce |
| Notarial will before a foreign notary | Recording under the law of the place of making | Language, advice and compatibility with the law applicable to the succession must be clarified separately |
| Recording by consular officers | § 10 Consular Act (KonsG) equates consular documents with a notarial document; consular officers record wills only for Germans (§ 11 (1) KonsG) | Whether a mission records wills must be asked there |
| Emergency will | Abroad only before three witnesses (§ 2250 BGB) | Deemed not made if the testator survives the three-month period of § 2252 BGB |
| Joint will | Spouses (§ 2265 BGB) or civil partners (§ 10 (4) Civil Partnership Act, LPartG) | Often formally valid, but not permissible in substance everywhere |
The Handwritten Will
The handwritten form is simple and free of charge. For German nationals it is also formally valid abroad through the connection to the law of nationality. The weakness lies in practice. A foreign land registry, bank or probate court often knows only notarised dispositions and requires a formal opening or recognition. In addition there is the risk of loss: a document that nobody knows about is not delivered. Anyone who keeps a handwritten will abroad should clarify who knows about it and how it can be placed in official custody in Germany.
The Foreign Notary
A notary on the spot knows the local rules of form and the procedures before the authorities of his or her state. He or she does not necessarily know German law and the effect of a choice of law under Art. 22 EuErbVO. Typical questions: in what language is the deed recorded, and who translates? Does the testator understand the text completely? Does the document fit with German dispositions already in existence? For use in Germany, an apostille or legalisation may come into consideration depending on the state. Whether and in what form this is required is determined by the agreements between the states involved and should be clarified with an adviser on the spot.
Consular Recording
Under § 10 (2) KonsG, documents of a consular officer are equivalent to those of a domestic notary. The Notarisation Act (Beurkundungsgesetz) applies in principle accordingly. Consular officers are to record wills and inheritance contracts only if the testators are Germans (§ 11 (1) KonsG). The Schöneberg local court (Amtsgericht) in Berlin is responsible for special official custody; the testator can at any time demand custody at another local court (§ 11 (2) KonsG). Where missions actually record wills and how long appointments take differs by location and must be asked about there.
The Emergency Will
The emergency will before the mayor (§ 2249 BGB) or before three witnesses (§ 2250 BGB) presupposes that making a will before a notary no longer seems possible. It is a makeshift. If the testator survives the period of § 2252 BGB, it is deemed not to have been made. Abroad, the mayor’s will does not come into consideration; the three-witness will (§ 2250 BGB) remains possible for Germans through the law of nationality.
Formally Valid Is Not the Same as Suitable in Substance
The question of form ends where the question of the law applicable to the succession begins. The law applicable to the succession determines what may be provided for in the will at all. Under Art. 21 (1) EuErbVO, the law of the state in which the testator had his or her habitual residence at the time of death applies in principle. Under Art. 22 EuErbVO, the law of nationality can be chosen. Art. 24 EuErbVO assesses the admissibility and substantive validity of a disposition under the law that would apply if the testator had died at the time of making; for these questions, under Art. 24 (2) EuErbVO the testator can separately choose the law that he or she could have chosen under Art. 22.
Two consequences are particularly noticeable in practice. First: some legal systems do not permit joint wills or certain provisions such as a subsequent heir (Nacherbfolge). A formally valid German Berlin-style will can then be ineffective for assets subject to foreign inheritance law. The article Berlin-style will with a foreign connection gives an overview of this and of its classification under the EuErbVO. Second: an inheritance contract is subject to different rules than a will; the comparison can be found in the article Inheritance contract instead of a will for international assets. What the foreign inheritance law says in detail must be assessed by an adviser on the spot.
For assets that are subject to German compulsory portion law, or where a foreign law does not know a compulsory portion, the article Compulsory portion law and foreign assets also plays a role.
Several Wills in Several States
Anyone who owns assets in several states occasionally considers one will per state. This can make sense if a state does not apply the EuErbVO and its own rules apply to assets located there. The danger lies in revocation. Under German law, a later will revokes an earlier one to the extent that it contradicts it (§ 2258 BGB). A generally worded clause in the second document stating that it replaces all earlier dispositions can then unintentionally eliminate the first disposition entirely. For the revocation of a will, under Art. 2 of the Hague Convention (for inheritance contracts correspondingly Art. 27 (2) EuErbVO), a revocation is also formally valid if it complies with one of the legal systems under which the revoked disposition was formally valid. The formal validity of the revocation, however, says nothing about what the revocation covers in substance.
It therefore makes sense to restrict each document expressly to the assets in question, coordinated in both states and with uniform terminology. Without this coordination, gaps, contradictions and, in the worst case, disputes among the heirs arise.
Custody, Registration and Opening
Deposit and Register of Wills
A German probate court does not learn of a will by itself. Anyone who has a will that is not in official custody must deliver it to the probate court without delay after learning of the testator’s death (§ 2259 (1) BGB). A will can be placed in special official custody at the local court. Notarial wills are placed by the notary in special official custody at the local court (§ 34 (1) Notarisation Act, BeurkG); for inheritance contracts the parties can exclude this, in which case the document remains with the notary. The custody details are recorded in the Central Register of Wills (Zentrales Testamentsregister) of the Federal Chamber of Notaries (§ 78d Federal Notaries Act, BNotO). Wills kept privately are not recorded there. A will that remains with a foreign notary is not recorded in the Central Register of Wills, because only German notaries and courts report to it. Anyone who wants to secure that it can be found in Germany can have the will recorded before a German consular officer; it then goes into the custody of the Schöneberg local court (§ 11 (2) KonsG). A testator can place a handwritten will in special official custody at the local court (§ 2248 BGB). In both cases the court reports the custody details to the register. Many states keep their own registers of wills; whether the document is recorded there must be clarified with the foreign notary. For the acceptance into special official custody, a fee of 82 euros arises under no. 12100 of the Schedule of Fees (KV) to the Court and Notary Costs Act (GNotKG), for the opening 109 euros under no. 12101 KV GNotKG; in addition there is the fee of the register, whose current amount should be enquired about before deposit.
The Original Stays Abroad
A practical problem arises if the original remains with a foreign notary. German probate courts in principle require the original or a comparable authenticated copy (Ausfertigung) for the opening. Foreign notaries as a rule do not hand over the original, and the German understanding of an Ausfertigung is often unknown there. It is advisable to clarify, when making the will, what kind of Ausfertigung or copy the notary issues and whether it will be accepted by the later bodies. Anyone who is the applicant in a proceeding for a certificate of inheritance (Erbscheinverfahren) must state known dispositions upon death and declare that no others are known to him or her. Foreign documents that are concealed are therefore a risk to the status of heir.
Which court has jurisdiction at all if the testator died abroad is dealt with in the article Probate court jurisdiction when residing abroad. If the testator’s last domicile was only abroad, or if the heir is staying abroad at the start of the period, the period for disclaiming an inheritance is six months instead of six weeks under § 1944 (3) BGB. The period begins, however, only upon knowledge and, in the case of a disposition upon death, at the earliest upon its announcement by the probate court. If the period has been missed, there may still be possibilities in the individual case to cure the omission; this requires examination in the individual case.
Costs
The costs depend on which bodies are involved. A German notary calculates his or her fees under the Court and Notary Costs Act, based on the transaction value. For the recording of a will, a 1.0 fee arises (no. 21200 KV GNotKG), for an inheritance contract or a joint will a 2.0 fee (no. 21100 KV GNotKG), in each case according to the transaction value. Foreign notaries and authorities charge under local law; in addition come translations, certifications and, where applicable, travel and custody costs. A handwritten will costs nothing, but carries a higher risk that it will not later take effect or will not be found. Specific amounts depend on the individual case and can be stated seriously only once assets, state and form are fixed.
Three Mistakes Laypeople Often Make
- Confusing form with content. Anyone who has a formally valid will assumes that it also takes effect. Whether the provisions are permissible under the applicable inheritance law is a second question.
- Making a further will without coordination. A second document abroad may revoke the first in part or in whole, without the testator having intended that.
- Forgetting that it must be found. Even a carefully made will does not help if nobody knows of it or if the original lies abroad and the heirs cannot produce it.
Conclusion
The Hague Convention and Art. 27 EuErbVO ensure that a will made abroad regularly does not fail in Germany on form. The real risks lie in the interplay with the law applicable to the succession, in contradictory documents from several states and in the administration: original, Ausfertigung, opening and proof. Anyone who wants to make a will abroad should decide in advance which law is to apply, coordinate the form accordingly and keep the document in such a way that it can be found. For questions on foreign law, an adviser in the state concerned should be consulted. A lasting power of attorney (Vorsorgevollmacht) also belongs in this planning; it too must be examined across borders, see Lasting power of attorney when residing abroad.
Frequently Asked Questions
Is a handwritten will sufficient if I live abroad?
As to form, it is as a rule sufficient for German nationals, because the law of nationality is one of the alternative connecting factors of the Hague Convention. Whether authorities in the state of residence accept the document in practice and which inheritance law governs it in substance must be examined independently of this.
Do I have to travel to Germany to make a will abroad?
No. A will can be made abroad before a local notary, where applicable before a consular officer, or in your own handwriting. The draft can be prepared in Germany. Language, custody and coordination with existing dispositions must be clarified.
Do I need an apostille for a will made abroad?
That depends on the state of making and the state of use. Whether an apostille or legalisation is required, or whether an exemption applies, must be clarified in the individual case with the adviser on the spot and the body to which the document is to be presented.
Can a will be made in two languages?
That is possible and often sensible in the foreign case. What matters is that both versions say the same and that it is determined which version prevails in case of discrepancies. The translation should come from a qualified person.
What happens to a will that is held by a foreign notary?
The original as a rule stays there. The heirs need an Ausfertigung or copy that the German probate court accepts. In advance it should be clarified which document the notary issues and how the heirs can request it.
Attorney Dr. Johannes Fiala and the law firm, with a focus on international inheritance law, tax law and asset protection in Munich, advise testators with a foreign connection on making wills, from the choice of form through the coordination of several dispositions to custody and proof. Dr. Fiala has published extensively on questions of emigration and asset protection. Contact the firm without obligation to have your individual situation discussed in an initial consultation.
