Legal Question in International Law in Germany

International validity of last will

Is my husband's (he's a US citizen) and my (I am a German citizen) last will, issued in 1995 in South Carolina, USA, a valid document in Germany and Austria? Or do we have to re-write our will? We have and will be living in Europe.

Thank you.


Asked on 6/04/02, 6:21 am

1 Answer from Attorneys
Volker Hirsch RA Hirsch

Re: International validity of last will

In principle, a will can be drawn up anywhere; the validity is not depending on the location where it was made, but merely subject to the relevant provisions as to the form of a will (cf. sections 2231, 2232, 2247 German Civil Code).

With regard to the content of the will, it might, however, still be sensible to draw up a new one in front of a German notary, in particular if the original one includes references to US state or federal legal provisions, which might be difficult to understand for a German executor. However, please note that this is not a question of validity but rather practicability.

Read more
Answered on 6/04/02, 8:36 am


Related Questions & Answers

More International Law questions and answers in Germany