There are the following types of wills:
- Holographic will:
Due to its simplicity, the holographic will is a very popular way of making a testamentary disposition. The holographic will is to be written and signed by the testator himself. It is not necessary to draw up the entire will at once, but the testator is free to write it continuously, whereby of course the signature before death must not be forgotten. It is important to note that typing on the computer does not constitute handwriting the text and therefore does not meet the formal requirement.
In particular, it is also advisable to state the place and date for reasons of proof – however, this does not constitute a validity requirement.
In any case, the signature must be at the end of the text.
The great advantage of this type of will is that, unlike the other forms, no witnesses are required. However, a major disadvantage that must be taken into account is that such wills are often not found in the event of death or are suppressed by persons who would benefit from a statutory right of inheritance.
- Will written by another person:
In the case of a will written by another person, the text does not have to be produced in the testator’s handwriting, which means that a machine copy or drafting by another person is also permissible. Only the signature, including the addition that the document corresponds to the last will and testament of the testator, must be placed at the end of the text in the testator’s own handwriting.
Another essential formal requirement is that three witnesses must be present at the same time when the testator affixes his signature, and they must also sign accordingly. It should be noted that the author – i.e. the person who writes the text, but not the person who wishes to make known his last will and testament – may himself appear as a witness. In any case, the identity of the witnesses must be evident from the document – this includes, in particular, first name and surname, date of birth or residential address.
It is also advisable for wills written by another person to specify the time and place.
- Emergeny will:
In emergency situations (e.g. danger to life, loss of testamentary capacity), it is possible to draw up an emergency will with a limited validity of three months. This can be made either in writing or orally. In both cases, the presence of two witnesses is required.
- Joint testamentary disposition:
Spouses and registered partners also have the option of appointing each other or a third party under a will. The will can be revoked unilaterally by either testator at any time, which also implies revocation by the other party.
When drawing up such a will, however, it should be noted that the formal requirements could cause problems and therefore great care must be taken. A will written by hand and signed by both parties is only valid with regard to the own written part. The formal requirements are not fulfilled for the other part.
- Public will:
The public will is made in writing or orally before a court or a notary. The will is then taken into custody by the court or notary.
Due to the strict formal requirements of wills, individual legal advice is recommended in any case.
