20/12/2025
In Germany, if both parents (or a single parent) pass away without prior arrangements, the family court and Jugendamt decide who will become the legal guardian of minor children. Parents can avoid this by making a Testamentary Appointment of a Guardian (Testamentarische Bestimmung eines Vormundes), naming a trusted person to care for their children.
This appointment must be handwritten, dated, and signed, similar to a will, and may include wishes regarding the child’s upbringing. Although court confirmation is required, the court generally follows the parents’ choice unless the nominated guardian is unfit. The appointment can be included in a will and may also address property matters.
In Germany, a testament (will) allows a person to decide how their property is distributed after death and to make important arrangements, such as appointing a guardian for minor children. A valid private will must be handwritten, dated, and signed. Spouses may make joint wills or individual wills.
It is not mandatory to list all assets in detail, but heirs and their shares must be clearly stated. A will does not need to be registered, though it can be deposited with the probate court or executed before a notary for legal certainty.
In our session, notary and Rechtsanwalt Dr. Dirk Otto and Rechtsanwältin Sunita Phadnis-Otto will discuss and explain basic principles of the above two documents.
