letztwillige

Letztwillige is a term used in German legal language to refer to matters related to a last will or testament. It functions as an adjective and can appear in phrases such as letztwillige Verfügung or das letztwillige Testament. The related noun form is less common in everyday language, but the concept is central to probate and succession law.

In legal contexts, letztwillige Verfügungen are testamentary dispositions made by the person who creates the will, the Erblasser (testator). These provisions determine how the deceased’s estate is distributed after death and may include gifts to individuals or institutions, the designation of heirs, appointments of executors or guardians, and instructions for the administration of the estate. The term also covers provisions that affect the management and division of assets, funeral arrangements, and other posthumous wishes of the testator.

Validity and form are governed by applicable civil-law rules. In German-speaking countries, wills must meet formal requirements and reflect the testator’s testamentary capacity. Wills can take different forms, such as an eigenhändig (handwritten) will, a notariell (notarized) will, or a public will, depending on jurisdiction. Wills can be amended or revoked, sometimes through codicils, according to the applicable law.

Practically, letztwillige provisions come into effect only after the testator’s death, with the estate being administered by an executor or administrator appointed in the will or by statute. The interpretation of letztwillige Verfügungen is a core task of probate courts, which ensure the estate is distributed in accordance with the testator’s final wishes.