German Civil Code (Bürgerliches Gesetzbuch — BGB Book V) applies forced-heirship (Pflichtteil) to children, spouse and parents. Sharia faraid is NOT recognised; Muslims must approximate it via a will respecting the Pflichtteil. EU Succession Regulation 650/2012 allows election of nationality's law.
Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Germanyand a scholar familiar with your madhhab.
German Civil Code (Bürgerliches Gesetzbuch — BGB Book V) applies forced-heirship (Pflichtteil) to children, spouse and parents. Sharia faraid is NOT recognised; Muslims must approximate it via a will respecting the Pflichtteil. EU Succession Regulation 650/2012 allows election of nationality's law.
Notarial will (notarielles Testament) or holographic (eigenhändiges Testament) — entirely handwritten, signed and dated by testator (BGB § 2247).
Central Register of Wills (Zentrales Testamentsregister) maintained by the Bundesnotarkammer. Auto-registration when notarised.
Holographic — none. Notarial — the notary acts as the attesting authority.
Pflichtteil — children, spouse and parents are entitled to 1/2 of their statutory share. Cannot be excluded except for narrow grounds in BGB § 2333.
Probate Court (Nachlassgericht) issues the Erbschein. Inheritance tax via Erbschaftsteuer.
Predominantly Hanafi via Turkish-German community. ZMD provides fatwa guidance bridging German civil + Islamic norms.
Is Islamic inheritance (faraid) legally recognised in Germany?
German Civil Code (Bürgerliches Gesetzbuch — BGB Book V) applies forced-heirship (Pflichtteil) to children, spouse and parents. Sharia faraid is NOT recognised; Muslims must approximate it via a will respecting the Pflichtteil. EU Succession Regulation 650/2012 allows election of nationality's law.
What makes an Islamic will (Wasiyyah) legally valid in Germany?
Notarial will (notarielles Testament) or holographic (eigenhändiges Testament) — entirely handwritten, signed and dated by testator (BGB § 2247).
Where do I register my will in Germany?
Central Register of Wills (Zentrales Testamentsregister) maintained by the Bundesnotarkammer. Auto-registration when notarised.
Does Germany have forced-heirship rules that override an Islamic will?
Pflichtteil — children, spouse and parents are entitled to 1/2 of their statutory share. Cannot be excluded except for narrow grounds in BGB § 2333.
How does probate work in Germany?
Probate Court (Nachlassgericht) issues the Erbschein. Inheritance tax via Erbschaftsteuer.
How many witnesses do I need for a will in Germany?
Holographic — none. Notarial — the notary acts as the attesting authority.
What are the most common Islamic-will pitfalls in Germany?
Pflichtteil cannot be overridden by a will — use EU Succession Regulation election + lifetime gifts to approximate faraid. Turkish-domiciled assets fall under Turkish law — coordinate via Articles 6+8 EU Succession Reg.
Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.