Will: Solicitor or Notary — What Is the Difference?

A will can be made holographically (§ 2247 BGB) or before a notary (§ 2232 BGB). The decisive practical difference lies in the certificate-of-inheritance procedure: after a holographic will the heirs generally need to apply for a certificate of inheritance at the probate court, whereas after a notarial will the notarial deed together with the opening protocol suffices as proof of succession — saving time and cost, particularly where real estate is involved. A solicitor cannot certify a will (that is reserved for the notary) but advises on substance: choice of heirs, forced-share risks, Berlin Testament, corporate structure. Executorship under § 2197 BGB is an often underestimated planning tool — particularly with business assets, minor heirs or potential conflict. Where assets are in France, both legal systems must be considered.

Kontakt

Rechtsanwalt Dr. Vincent Stelzhammer, LL.M., Maîtrise en droit

Achenbachstr. 132, 40237 Düsseldorf

E-Mail: vincent@stelzhammer.legal