Erblasser

Erblasser is a German legal term used to describe the person who creates a will, i.e., the testator. The Erblasser owns his or her assets during life and may dispose of them after death through a testament. The English equivalent is testator (female: testatrix). In German-speaking jurisdictions such as Germany, Austria, and parts of Switzerland, the Erblasser is central to the mechanism of posthumous asset distribution.

Key aspects

- Capacity and intent: The Erblasser must have testamentary capacity, meaning they are legally capable of understanding the nature and consequences of their dispositions and act freely.

- Contents: A will may appoint heirs, specify gifts, designate guardians for minor children, and name an executor or fiduciary to administer the estate after death.

- Revocation and amendment: A will can be revoked or amended at any time before death, typically by destroying the old will, creating a new one, or making express revocation clauses.

- Forms: Common forms include eigenhändiges Testament (holographic will) written and signed by the Erblasser, and notarielles Testament (notarial will) prepared before a notary and witnessed. Some jurisdictions also recognize other forms or sealed wills.

Relation to succession

- After the Erblasser’s death, the will directs the distribution of the estate, within the limits of applicable law, including any compulsory portions for certain heirs.

- If no valid will exists, or parts are invalid, intestate succession applies according to statutory rules.

- A will can be challenged on grounds such as lack of capacity, undue influence, or improper formalities.

Etymology and usage

- The term literally reflects the act of bequeathing or causing an inheritance. While “testator” is the common English counterpart, Erblasser remains the standard term in German-language legal texts.