Most people only think about a will at sixty or when illness approaches. For young adults, however, it often becomes relevant much earlier: with their own bank account, a car, a flat, a steady relationship or children. This guide explains from which age a person can make a will, which form the law requires and in which life situations a will makes sense for young adults.
Short answer: A person can make a will once they have completed their 16th year of life (section 2229 BGB). A handwritten will must be written and signed entirely by hand (section 2247 BGB). It becomes sensible as soon as assets, a steady partnership or responsibility for others come into play. Without a will, the statutory rules of inheritance apply. Last updated: November 2026.
The most important points at a glance
- From the age of 16, a person can make a will. No consent from their legal representatives is needed for it.
- A handwritten will must be written and signed entirely by hand. A printout or a file is not enough.
- The date, month, year and place of writing should be stated. The signature should contain the first and family names.
- A will is worthwhile early if assets, a flat, a partnership or responsibility for others exist.
- Without a will, relatives usually inherit under the statute. An unmarried partner is not among them.
From what age can a person make a will?
Under section 2229 BGB, a minor can only make a will once they have completed their 16th year of life. Below 16, a will is therefore not possible. From that age, the minor also does not need the consent of their legal representative for the will. This is an exception to the general principle that minors need parental consent for important transactions.
Capacity to make a will is more than a matter of age, however. Anyone who, because of a morbid disturbance of mental activity, feebleness of mind or a disturbance of consciousness, cannot recognise the meaning of their declaration or act accordingly is incapable of making a will under section 2229 BGB. If in doubt, a will should therefore be made while the testator is clear-minded and ideally with advice.
Which form does the law require?
The simplest will is the handwritten will. Under section 2247 BGB, the testator can make a will by a declaration written and signed entirely by hand. The text must therefore be written by hand. Texts produced on a computer and printed out do not suffice, even if they are clear.
Under section 2247 subsection 2, the testator should state in the declaration the date, month, year and place of writing. Under section 2247 subsection 3, the signature should contain the first and family names. A different signature does not harm validity if it sufficiently proves the authorship and seriousness of the declaration. Where there are deviations, it is wiser to write and sign cleanly.
| Form | How it comes about | Note |
|---|---|---|
| Handwritten will | Written and signed entirely by hand | No costs beyond paper and pen, but errors are common |
| Notarial will | Certified by a notary | More certainty on form and content, fees under the GNotKG |
| Inheritance contract | Contract with another person | Usually more binding, its own form |
The table shows the most common routes. Whether a notarial will brings the added value you hope for depends on your assets and family situation. For simple circumstances, a carefully written handwritten will is often enough.
When does a will make sense for young adults?
Many young adults think there is nothing to leave. That is often not true, because a current account, a savings book, a vehicle or valuables already belong to the estate. What matters is who would inherit under the statute and whether that person is the one you would choose.
| Life situation | Statutory consequence | Will sensible? |
|---|---|---|
| Single, no children, parents alive | Parents usually inherit | Sensible if another person should be considered |
| Steady partnership without marriage | Partner does not inherit by statute | Strongly advisable |
| Own child present | Child inherits, legal representative manages the assets | Sensible to name guardianship and heirs |
| Flat or shares in a business | Inherited under the statutory order | Sensible if the allocation should be settled |
The row on partnership shows the most important point. Anyone who lives with a person without being married can easily find themselves in a difficult position without a will. This applies even if both have shared a flat for years.
Worked example: who inherits without a will?
Assumption: a 22-year-old student lives alone, is not married and has no children. Her parents are still alive. Without a will, the parents usually inherit under the statute. Her partner, with whom she has lived for two years, receives nothing. If she wants to protect him, she needs a will that names him as heir or gives him specific items.
It is important that compulsory portion rights of the parents may exist. These rights also apply where a will favours the partner. Advice can clarify how much room for manoeuvre there is in the individual case.
A will does not only need to name the heirs. It can also record who should receive an account or particular items, and name substitute heirs in case the intended heir dies before the testator. Such additions prevent disputes and make the estate easier to plan.
Many people underestimate how quickly circumstances change. Moving out, a separation, the birth of a child or the completion of a degree alter the situation. A will should therefore be reviewed regularly and rewritten where necessary.
Frequently asked questions
Can I change a will later?
Yes, a will can be changed or revoked at any time. You should, however, make sure that a new will is clear and replaces the old one. A new handwritten will follows the same formal requirements as the first.
Do I need a will if I have only little property?
Even with little property a will can make sense, for example if you want to leave something to a particular person. The size of the estate does not affect validity. What matters is that the declaration is clearly worded and the form is correct.
Can my will be challenged by someone?
A will can be contested under certain conditions, for example in case of error or deception. If the form is defective, it may be invalid. For that reason it is worthwhile to check the text carefully and keep to the form exactly.
Does a will have to be deposited with a court?
A handwritten will can be kept by the testator. Official custody is also possible. What matters is that the heirs and a trusted person know where the will is, so that it can be found in an emergency.
What you can do now
- Note which assets you have and who would inherit under the statute.
- Consider whom you want to provide for and which items or amounts you would like to leave to that person.
- Write the will by hand, with place, date and signature, or have it notarised.
Related reading
- Family, partnership and money: the overview for young adults
- Inheritance between partners: what applies without a will
- Separation of property or Zugewinn: what counts at marriage
- Divorce costs: what proceedings cost and who pays
- Calculating child maintenance: what parents pay after separation
Sources: Section 2229 BGB, testamentary capacity of minors and incapacity to make a will (accessed November 2026, no version date shown on the page), Section 2247 BGB, handwritten will (accessed November 2026, no version date shown on the page).
Last updated: November 2026. This guide is general information, not individual advice.
