Hague Convention on the Form of Testamentary Dispositions

Germany is a member state of the Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, also commonly referred to as "Hague Convention on the Form of Testamentary Dispositions". Thus, a will is valid as regards to form if its form complies with the internal law:

a) of the place where the testator made it, or 
b) of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or 
c) of a place in which the testator had his domicile either at the time when he made the disposition, or at the time of his death, or 
d) of the place in which the testator had his habitual residence either at the time when he made the disposition, or at the time of his death, or 
e) so far as immovables are concerned, of the place where they are situated. 
Consequently, most foreign wills are formally valid from a German perspective and it is not mandatory to create a separate will for German assets. However, is may be advisable to make a separate will for Germany as the legal concepts differ significantly and a German will may facilitate estate administration. 


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Glossary

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