Wills & Succession · Germany
Find wills lawyers in Germany for drafting, compulsory shares and disputes
Succession in Germany follows the Civil Code, not the rules you may know from home. Tell us about the will, the estate or the family disagreement, and we introduce you to a lawyer who works in this field every day.
- Advice on wills, compulsory shares and estate planning
- German court, notarial and land-register procedure handled
- Free, no-obligation introduction within 24–48 hours
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Wills and succession law in Germany, explained plainly
German succession law is codified in the Bürgerliches Gesetzbuch, and it works differently from the common-law systems many international clients know. Close relatives excluded by a will keep a compulsory share, marriage brings an automatic property regime, and real property only changes hands through a notarised agreement and an entry in the Grundbuch. Because these rules interact, drafting or contesting a will is rarely a formality. Wills lawyers in Germany read the family structure, the assets and the applicable deadlines before advising on wording, compulsory shares or a disclaimer. We match you with a lawyer who handles German succession matters, explain in plain English what the next step looks like, and it costs you nothing to be introduced.
Germany in practice
How succession and wills work in Germany
Germany is a codified civil-law jurisdiction: the rules sit in the Bürgerliches Gesetzbuch rather than in a body of case law. That makes the statutory structure, the deadlines and the formal requirements the starting point for every file.
Who is qualified to advise on a German will
Admission to the German bar requires the qualification for judicial office, obtained through two state examinations and a practical traineeship. Every admitted lawyer is automatically a member of one of the 28 regional Rechtsanwaltskammern, coordinated by the federal Bundesrechtsanwaltskammer, which also adopts the professional conduct rules. That is the standard to check when you choose a lawyer.
The compulsory share (Pflichtteil)
A testator cannot fully exclude the closest family. Under Section 2303 BGB, descendants, the surviving spouse or registered partner, and — where there are no descendants — the parents keep a compulsory share. It is a monetary claim against the heirs equal to half the intestate share, and a supplementary claim under Section 2305 BGB arises where the will leaves less than that.
Marriage and the Zugewinngemeinschaft
Spouses who marry without a contract automatically live under the Zugewinngemeinschaft of Section 1363 BGB: each keeps their own assets during the marriage and the accrued gain is equalised on divorce. The same regime shapes the inheritance share when a spouse dies, which is why a will can never be read in isolation from the matrimonial position.
Land, notarisation and the Grundbuch
Where an estate includes real property, transfers follow a strict form. A contract by which a party undertakes to transfer or acquire ownership of land must be recorded by a notary under Section 311b(1) BGB, and ownership passes only through the Auflassung declared before a notary plus registration in the Grundbuch kept by the local court. Registration is constitutive and the register enjoys public faith.
Deadlines that start running early
Two clocks matter soon after a death. An inheritance can be disclaimed only within the period set by Section 1944 BGB, and ordinary civil claims are generally subject to the regular three-year limitation of Section 195 BGB, which under Section 199 BGB runs from the end of the year in which the claim arose and was known. Limitation analysis is fact-sensitive.
Costs, fees and legal aid
Court fees follow the fixed scale of the Gerichtskostengesetz, tied to the amount in dispute, and in civil litigation the losing party generally bears the court fees and the opponent’s statutory costs under Section 91 ZPO. Lawyer fees follow the Rechtsanwaltsvergütungsgesetz, so they are largely predictable. Prozesskostenhilfe can cover court and lawyer fees for parties who cannot afford them, subject to a means test.
Key time limit — Inheritance, Probate & Wills
Succession — disclaimer of inheritance — 6 weeks. An heir who does not want the estate, or its debts, must disclaim it within the statutory period under Section 1944 BGB.
Country information on this page comes from official German and European sources — the e-Justice European Portal, the Bundesrechtsanwaltskammer and German federal legislation published on gesetze-im-internet.de — and was reviewed in 2025.
- e-Justice — National justice systems: Germany
- Bundesrechtsanwaltskammer (BRAK)
- Section 78 ZPO — mandatory lawyer representation
- Section 1944 BGB — disclaimer period
- Section 195 BGB — regular limitation period
- Section 2303 BGB — compulsory share (Pflichtteil)
- Section 1363 BGB — community of accrued gains
- Section 311b BGB — notarial recording of land contracts
- Grundbuch and transfer of ownership — federal services portal
- e-Justice — Legal aid in Germany
Common situations
Why German succession files need early legal advice
Most problems we see start with a document, a family assumption or a deadline that was not checked in time.
The will was drafted abroad
A will written in another legal system may not sit comfortably with German rules on compulsory shares, matrimonial property or land. You need a lawyer who can read both documents together and show you where they pull in different directions.
Relatives say they were left out
Descendants, a surviving spouse or the parents may be entitled to a compulsory share even where a will excludes them. Quantifying that claim means the estate and the intestate share have to be worked out carefully before any negotiation.
A statutory clock is running
A disclaimed inheritance is subject to a short statutory period, and ordinary civil claims generally fall under a three-year limitation. Doing nothing for a few weeks or months can quietly remove options you still have today.
Why use our matching
What you get when we introduce you to a lawyer
We do not give legal advice. We make sure the lawyer you speak to actually practises in the area your problem sits in.
Matching, not a directory
You describe the estate, the will or the dispute and we route your enquiry to lawyers who handle German succession work. No long lists to sort through and no cold calls to firms that do something else entirely.
Fees you can anticipate
German lawyer fees are largely fixed by the Rechtsanwaltsvergütungsgesetz and calculated from the value in dispute, while court fees follow the Gerichtskostengesetz. You can therefore ask for a realistic picture before deciding whether to instruct.
Procedure explained to you
Civil-law succession is unfamiliar territory if you come from a common-law background. The lawyer can walk you through what a notary does, when the Grundbuch matters and how a compulsory share claim is actually pursued.
Help beyond the first letter
From drafting a will to disclaiming an inheritance, negotiating with co-heirs or litigating before the Amtsgericht or Landgericht, the same lawyer can usually carry the matter forward rather than handing you on.
Europe-wide
Where else we match clients with wills lawyers
Cross-border estates often touch more than one legal system. We also match clients with lawyers in these European countries.
FAQ
Questions clients ask about wills in Germany
What do wills lawyers in Germany actually do?
They draft and review wills and inheritance contracts, advise on compulsory shares, matrimonial property and estate planning, handle disclaimers within the statutory period, and represent heirs or disappointed relatives in disputes. Because German succession law sits in the Civil Code rather than in a body of case law, their task is to map your family and your assets onto the statutory structure.
Can I completely disinherit my children in Germany?
Not entirely. Under Section 2303 BGB, descendants, the surviving spouse or registered partner, and the parents where there are no descendants, keep a compulsory share. It is a monetary claim against the heirs equal to half the intestate share, and where a will leaves less than that a supplementary claim under Section 2305 BGB can arise.
How does marriage affect what my spouse inherits in Germany?
Spouses who marry without a contract are automatically in the Zugewinngemeinschaft under Section 1363 BGB. Each spouse keeps their own assets during the marriage and the accrued gain is equalised on divorce; the same regime also affects the inheritance share when a spouse dies. A notarised marriage contract can change that position.
How long do I have to refuse an inheritance in Germany?
Six weeks. Section 1944 BGB sets the period for disclaiming an inheritance, and once it expires you are treated as having accepted the estate together with any debts attached to it. Because the period is short and the consequence is final, speak to a lawyer as soon as you learn of the death.
Do I need a notary if the estate includes property in Germany?
For land, yes. A contract by which a party undertakes to transfer or acquire ownership of land must be recorded by a notary under Section 311b(1) BGB, and a contract without that form is void. Ownership passes only through the Auflassung declared before a notary and registration in the Grundbuch.
How are fees and legal aid handled in Germany?
Lawyer fees follow the Rechtsanwaltsvergütungsgesetz, which fixes a rate for each procedural step calculated from the value in dispute, so they are largely predictable; hourly or success-based fees are permitted only within narrow limits. Court fees follow the Gerichtskostengesetz. Prozesskostenhilfe can cover court and lawyer costs subject to a means test.
Next step
Tell us about the will, the estate or the family disagreement
Describe your situation in a few lines and we will introduce you to a lawyer who practises in German succession law. The introduction is free and you remain free to decide whether to instruct.