Writing a Will
Most people would rather not think about what happens when they're no longer around. Understandable. But by actually doing it, you prevent your loved ones from facing surprises down the line. A will is the most important tool for that. It's a document in which you record who gets what, who is allowed to handle things, and how you want matters to be arranged after your passing.
Yet not everyone has a will by a long stretch. Sometimes because people think it's not necessary, sometimes because it seems complicated. In this guide, you'll read what a will actually is, when it's smart to draw one up, what can go in it, and what the process looks like. No woolly legal story, just a clear explanation you can act on straight away.
What exactly is a will?
A will is an official document in which you record what should happen with your possessions, your money, and other matters after your passing. It's also called a "last will and testament." That might sound formal, but it simply comes down to your final wishes, put down on paper.
Without a will, the statutory rules of inheritance apply. That means the law determines who your heirs are and how much they receive. In many cases, that's your partner and your children. But the law doesn't take your personal wishes into account. Maybe you want to leave something to a charity, a friend, or a stepchild. Or maybe you want to prevent someone from inheriting. You arrange all of that in a will.
An important point: a will is only legally valid if it's drawn up by a notary. You can write down what you want at home, but that document has no legal value. The notary makes sure everything is correct, that it's registered in the Central Will Register, and that your will can be found after your passing.
Tip: Write down what you want to arrange on paper before going to the notary. That list doesn't have to be perfect, but it helps enormously to make the conversation with the notary more focused and shorter.
When is writing a will a wise move?
Not everyone necessarily needs a will. If you're married, have children, and don't have any special wishes beyond that, the law largely takes care of things for you. But there are plenty of situations where a will is very much advisable.
Cohabiting couples without a cohabitation agreement, for instance, run a significant risk. Without a will, your partner inherits nothing in principle, even if you've been living together for twenty years. The law only grants rights to married people, registered partners, and blood relatives. If you want your partner to be able to keep living in the house or receive part of your savings, that needs to be in black and white in a will.
A will is also almost indispensable in blended families. Stepchildren don't automatically inherit. The same applies if you want to leave something to a friend, a cousin, or a charity. Or if you specifically want to prevent a certain family member from inheriting. Additionally, you can appoint an executor in a will: someone who handles your estate, so your loved ones don't have to struggle with that themselves.
Furthermore, a will can be financially advantageous. By making smart use of exemptions and bequests, you can ensure your loved ones pay less inheritance tax. A notary can help you with tailored solutions.
Tip: Living together without a cohabitation agreement? Then a will isn't a luxury, but a necessity. Without a will, your partner is legally on their own.
What can you include in a will?
A will is much more than just a list of "who gets what." You can arrange all kinds of matters that are important to you. Below is an overview of the most common elements.
First of all, you can name heirs. You decide who inherits and how much. That can be family members, but also friends, acquaintances, or charities. You can also disinherit someone, although the law does take into account the so-called "forced share": the portion that children are always entitled to, even if you disinherit them. That amount is half of what they would legally receive.
You can also assign specific possessions through a bequest. Think of a piece of jewellery going to your daughter, a book collection you leave to a friend, or a sum of money for a charity. A bequest gives you the ability to determine very precisely where your belongings end up.
You can also appoint an executor. That's someone who handles your estate after your passing: pays bills, distributes possessions, and makes sure everything goes according to your wishes. That can be a family member, but also a professional such as a notary.
Finally, there are matters like a guardianship arrangement for minor children, a trustee who manages the inherited assets of young heirs, or an exclusion clause that prevents an inheritance from being divided in the event of a divorce.
Tip: Think about digital assets too. Crypto, online accounts, digital photos: it's smart to record somewhere how you want those to be handled, and to keep login details in a safe place.
What does a will cost and how does the process work?
The costs for a will vary, but roughly expect an amount between 300 and 700 euros. A straightforward will (for example, simply naming a partner as heir) sits at the lower end of that range. If it becomes more complex, with multiple bequests, an executor, and tax arrangements, the price goes up. Some notary offices offer a free or low-cost introductory meeting, so it's worth making a few calls.
The process itself is fairly straightforward. It starts with an introductory meeting at the notary. During that meeting, you discuss your situation and your wishes. The notary advises on what's legally possible and what's fiscally smart. Then the notary drafts a concept text that you can read through at home at your leisure. Happy with the content? Then you make an appointment to sign the will. The notary then registers it in the Central Will Register.
The entire process usually takes two to four weeks, depending on how quickly you respond to the draft and how busy the notary is. After signing, your will is immediately valid.
Good to know: you can always amend or revoke a will. If your situation changes (a divorce, a new child, a move abroad), it's wise to have your will reviewed again.
Tip: Request a quote from at least two notary offices. The costs can differ considerably, while the quality is comparable.
Common mistakes when drawing up a will
Although a notary guides you through the process, there are a number of things people regularly stumble on. By knowing these pitfalls, you can easily avoid them.
The first common mistake is drawing up the will and then putting it in a drawer, never to look at it again. Your life changes: you get married, you divorce, you have children, you buy a house, you move. All of those events can affect your will. It's therefore good practice to review your will every three to five years, or with every major life event.
A second pitfall is vague wording. "My stuff goes to my family" sounds clear, but legally it's a disaster. Who is "your family"? And which stuff exactly? The more specific you are, the less chance of confusion or arguments afterwards. The notary helps with this, but it starts with your own clarity about what you want.
Furthermore, many people forget to inform their loved ones. You don't have to share the contents of your will, but it's helpful if your partner, your children, or your executor know that a will exists and which notary holds it. That prevents the document from surfacing far too late.
Finally, there's the misconception that a handwritten will is legally valid. It isn't. In some other countries it can be, but here it always has to go through a notary. A note at home on the kitchen table has no legal value.
Tip: Set a reminder in your calendar to review your will every three years. That way, it always stays up to date.
Your will and funeral wishes: how are they connected?
A will and your funeral wishes are two different things, but they're often mentioned in the same breath. Technically, you can include your funeral wishes in a will, but that's not always practical. Why? Because a will is sometimes only opened days after the passing, while the funeral usually takes place within a week.
It's therefore smarter to record your funeral wishes separately, for example in a statement of wishes or a funeral plan. In that document, you can indicate whether you want to be buried or cremated, what music you want, who may speak, and other personal preferences. Keep this document in a place your loved ones know about, so they can access it quickly.
What does fit well in a will is everything surrounding the financial side of the funeral. Think about who bears the costs, whether there's a funeral insurance policy, and how the remainder of your estate is divided after deducting the funeral costs.
Don't have funeral insurance yet? Then it's smart to arrange that alongside your will. Funeral insurance covers (part of) the costs and prevents your loved ones from facing financial surprises.
Tip: Record your funeral wishes in a separate document and tell your loved ones where they can find it. That way, they know exactly what you want, even if the will hasn't been opened yet.
In closing
Drawing up a will isn't something that fills you with excitement, but it is one of the most valuable things you can do for your loved ones. You take away uncertainty, prevent conflicts, and make sure your wishes are respected. The process is less complicated and less expensive than many people think, and once it's sorted, you won't have to worry about it for years.
Start with a simple list of what you want to arrange, make an appointment with a notary, and review it from time to time in the years that follow. That way, you've got it covered.
Want to also think about financially covering your funeral costs? Compare funeral insurance policies and discover which option best suits your situation.