Writing a will correctly: The 5 most common mistakes and what they mean for heirs

A careless tear in a piece of paper can cost a fortune, while three words on a pub sign can change a life. The world of wills is full of surprising twists and turns and myths, whose true meaning often only becomes apparent in court. Anyone who wants to confidently manage their estate should be able to separate fact from fiction.

Arranging one's own estate is one of the most important decisions of one's life. However, even small mistakes or outdated assumptions can lead to family conflicts and expensive legal disputes. Recent court rulings, including those from Frankfurt, shed light on the matter and reveal which details determine the validity of a last will and testament.

Testament validity: formal requirements and fatal errors

One principle remains unalterable: A will must be entirely handwritten written and signed at the end. A text written on a computer is invalid. What is surprising, however, is how unimportant the material used can be. For example , a court recognized the last will of a restaurateur. , who left his entire possessions to his partner with a few words on a bar counter. The will was clear, the formal requirements were met – that was sufficient (OLG Oldenburg, case no.: 3 W 96/23).

The opposite lesson is taught by a case of the Higher Regional Court of Frankfurt: A will deliberately torn in half is considered destroyed and thus revoked. Even the subsequent storage of the parts in a safe deposit box does not change this. The act of tearing them apart is an unmistakable signal that legally carries more weight than the storage location (Higher Regional Court of Frankfurt, case no.: 21 W 26/25).

Who may inherit? A common legal misconception

Contrary to moral reservations or old conventions, courts judge according to clear legal standards. A so-called "lover's will," in which a man names his long-term partner as his sole heir, The act of severance pay for his half of the house was recognized as valid. The judges did not consider it immoral, but rather a legitimate appreciation of a deep personal relationship (Higher Regional Court of Düsseldorf, Ref. No.: I-3 Wx 100/08).

However, the law draws a clear line when it comes to animals. Since they are legally considered property, they cannot assume rights or responsibilities and therefore cannot inherit. Instead, a dog named in a will becomes part of the estate itself. Its well-being must be ensured through a condition imposed on the human heirs.

Testamentary capacity in dementia as a special case

One of the most sensitive questions concerns testamentary capacity in cases of progressive illnesses such as dementia. There is no blanket rule here. Illness alone does not automatically invalidate a will. The decisive factor is the mental state at the time of writing. As long as the person understands the implications of their decision and can freely form their will, they retain testamentary capacity (LG Frankenthal, case number: 8 O 97/24).