Handwritten or notarized will? Advantages and disadvantages

Many people are concerned about their own estate planning, especially when it comes to leaving their last will and testament in a legally secure manner and without disputes. A key question here is whether you should write a handwritten will or opt for a notarized will. Both options have their advantages and disadvantages. In this guide, we explain what is important when choosing a will and why a notarized will can be the better choice in many cases.

The handwritten will - a simple but error-prone solution

A handwritten will is one of the oldest and best-known forms of estate planning. It is quick and easy to draw up. The testator writes their last will and testament in their own hand without the help of a notary. This is particularly advantageous if you want to make the decision spontaneously or do not have access to a notary. One advantage of a handwritten will is that it is easy to draw up: you only need a sheet of paper, a pen and should write, date and sign the will in your own hand. No formal registration is required, so it can be drawn up quickly and easily. But this is also the biggest problem with handwritten wills.

Risks and uncertainties of handwritten wills

Even if it is easy to draw up a handwritten will, this form involves considerable risks. One of the most common causes of later disputes is the lack of clarity in the wording. The testator's wishes are often unclear or misleading, which can lead to legal disputes. Example: If someone writes "my son shall receive the cash assets" in their will without specifying what is meant by "cash assets" (e.g. only the cash or also all the assets in the accounts), this can lead to problems.

Another problem with handwritten wills is that they are more difficult for the heirs or the probate court to prove. If the will is found after the testator's death, it must be checked for authenticity. Disputes can arise here, especially if there are doubts about the handwriting or the signature.

The notarized will - security and clarity

In comparison, a notarized will offers many advantages that can be decisive for legally secure estate planning. A notarized will is drawn up in the presence of a notary, who records the testator's declaration and ensures that all legal requirements are met. The notary also advises the testator on the consequences of their decisions, resulting in a clear and legally sound formulation of the last will and testament.

Advantages of a notarized will

1. legally secure formulation of the will

One of the biggest advantages of a notarized will is the legally secure formulation of the last will and testament. The notary ensures that the testator formulates their wishes precisely and clearly. This minimizes the risk of misunderstandings or disputes between the heirs, as the will of the testator is clearly documented. The notary ensures that no unclear or contradictory wording is used.

Example:
A testator wishes to bequeath half of his house to his daughter, while his son is to receive the rest. A notary ensures that the shares are named clearly and correctly so that there is no confusion later on as to who should inherit what.

2. no need for a certificate of inheritance

Another major advantage of a notarized will is that it replaces a certificate of inheritance. Normally, heirs have to apply for a certificate of inheritance to prove their status as heirs, which is costly and time-consuming. With a notarized will, this step is not necessary as the notary has already confirmed the heir's status. This not only saves the heirs time, but also money, as the costs for the certificate of inheritance are eliminated.

Example:
If the testator leaves a notarized will, the heirs can access the inheritance directly without having to go through an inheritance certificate procedure.

3. protection from disputes

A notarized will significantly reduces the risk of inheritance disputes. The notary assesses the testator's testamentary capacity and determines whether the requirements for the will have been met. This is to prevent the will from being contested later - for example due to formal errors or a lack of testamentary capacity.

4. custody at the probate court

Another practical plus is the safekeeping of the will at the probate court. The notary ensures that the will is kept safely at the probate court, thus ensuring that the will can be found quickly and unbureaucratically in the event of the testator's death. This also reduces the risk of the will being lost or forged at a later date.

Example:
A testator who deposits the will with the probate court via a notary does not have to worry that his family will not be able to find the document or that it will be accidentally destroyed.

Conclusion

Notarized wills as a safe choice
A notarized will offers numerous advantages over a handwritten will: It guarantees a legally secure formulation of the will, saves costs and time by dispensing with a certificate of inheritance and protects against possible disputes. If you opt for this option, you can be sure that your last will and testament will be recorded in a clear and legally sound manner.

For many testators, a notarized will is therefore the safest and most uncomplicated way to settle their estate without complications. If you are unsure which option is best for you, a consultation with a notary or lawyer can help you make the right decision.

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