How much does a living will cost at a notary: Costs clearly presented (Comparison of alternatives)

How much does a living will cost at a notary? Many people ask this question when seeking legally binding protection for their wishes in the event of a serious illness or injury. A notarized living will provides special security and legal certainty.

In this article, we will take a detailed look at the costs of a notarized living will, while also covering basic information about living wills, the pros and cons of notarization, and potential alternatives.

What does notarization mean?

Notarization is a process in which a notary witnesses a written declaration or agreement and verifies the authenticity of signatures. Through notarization, the document gains special evidentiary power and is referred to as a deed.

In Germany, notarization is legally regulated. The authority to notarize documents is granted exclusively to notaries under the German Notarization Act (BeurkG).

This task is the exclusive responsibility of the notary, as they act as an independent and impartial legal officer with extensive expertise in contract law and other legal areas.

According to § 129 of the Notarization Act (BeurkG), the notary must ensure during notarization that the declarant understands the full implications of their statement and makes it voluntarily. The notary is also obligated to point out any ambiguities or contradictions and inform the declarant about the consequences of their statement. This increases the legal security and binding nature of notarized documents.

A further comprehensive overview of everything important about living wills: What is a living will?

Should you make a living will with a notary?

Whether you should have a living will notarized depends on your specific needs and circumstances. While notarization is not required for a living will to be legally valid, it can offer certain advantages.

A notarized living will provides greater legal certainty and can serve as stronger evidence of your intent, especially in situations where there may be disputes or doubts about the authenticity of your wishes. It ensures that the document was created voluntarily and with a clear understanding of its consequences, reducing the chances of it being contested.

However, notarization also comes with costs and may involve some logistical challenges, such as finding a notary and scheduling an appointment. The fee is typically around €60, with additional charges for related expenses.

If your situation is straightforward and you're confident that your wishes will be respected without notarization, a self-prepared living will may suffice. You can also consider using reputable online platforms or legal services to ensure the document is correctly drafted and valid. Ultimately, the decision depends on how much legal security you feel is necessary for your specific case.

II. Advantages and disadvantages of notarization

What are the advantages of notarizing a living will?

A notarized living will offers several advantages over a simple written will. One of the key benefits is the increased legal binding force and security.

Notarization confirms the authenticity of the will, providing clarity and legal certainty in critical situations. Additionally, through notarization, it is ensured that the document complies with legal requirements and is free from formal errors.

The importance of this is detailed in our article "No living will: Who decides," which discusses the issues that can arise when no living will is in place.

Notarization can also help to eliminate doubts regarding the mental capacity of the person drafting the living will.

An example: An elderly person drafts a living will stating that in the event of a serious illness, they do not wish to receive life-prolonging measures.

However, after several years, they develop dementia, and their mental capacity is called into question. If the living will is notarized, the validity of the document is confirmed even if the author is no longer able to express their wishes clearly.

The higher legal certainty of a notarized living will has been confirmed by various court rulings. For instance, the Cologne Higher Regional Court, in a ruling dated January 31, 2018 (Case No. 3 U 68/17), determined that a notarized living will offers the highest level of security, as it clearly and unequivocally sets out the author's wishes in critical situations.

Notarization also ensures that the document complies with legal requirements and is free from formal errors.

In another ruling, the Gießen Regional Court (ruling dated December 21, 2017, Case No. 1 S 13/17) established that a notarized living will remains valid (How long is a living will valid: §§ Requirements, examples, & case law) even if the author is later unable to express their wishes due to dementia or similar illnesses.

Are there also disadvantages to notarization?

Although notarizing a living will offers many advantages, there are also some disadvantages to consider. One of the biggest drawbacks is the cost.

Notarization can be associated with significant expenses, depending on the region and the notary. Another downside is that if changes are made to the will, it may need to be notarized again, which would incur additional costs and time.

For example: A person drafts a living will and has it notarized. Several years later, they change their mind and want to amend the document. In this case, the amended will would need to be notarized again, leading to further expenses and time commitments.

Another potential disadvantage is that the notarization process can cause delays. The notary must carefully review the document and may ask clarifying questions. This could lead to situations where, in urgent cases, there might not be enough time to implement the author’s wishes.

There are also court rulings that highlight the drawbacks of notarization. For instance, the Karlsruhe Higher Regional Court, in a ruling dated May 19, 2011 (Case No. 14 U 178/10), stated that notarization is not mandatory and that a simple written will can be sufficient, as long as it meets the legal requirements.

What must be considered in a notarized living will?

1. Form and content of the living will: According to § 1901a (1) of the German Civil Code (BGB), a living will must be made in writing. It is important that the living will is clearly and unambiguously formulated. Essential information, such as the author’s name, date of birth, the date the document was created, and their signature, should not be missing.
2. Specific directives: A living will should contain specific directives regarding medical treatment. It should particularly address the situations that would trigger the provisions of the living will. These might include decisions about life-sustaining measures or pain relief.
3. Requirements for validity: The validity of a living will depends on whether it meets legal requirements. According to § 1901a (2) BGB, the living will must either be certified by a notary or another adult who is not the author’s designated representative.
4. Designating a trusted person: The living will should name a trusted person who will enforce the author's wishes in case they are unable to make decisions themselves. This person will act as the point of contact with doctors and medical institutions.
5. Timeliness: A living will should be regularly reviewed and updated. Changes in personal preferences or legal regulations may require an update.
6. Transitional provisions: It may be useful to establish transitional provisions to ensure that the author’s wishes are respected, even if the living will is found, for example, abroad or by a doctor outside a hospital setting.

What are the disadvantages of a living will in general?

Although a living will provides many people with a sense of security, there are also some disadvantages to consider.

One disadvantage is that a living will may not always be clear and specific enough. Drafting medical wishes and preferences can be challenging and often depends on individual perspectives and considerations. As a result, doctors and caregivers may interpret the will differently, or they may not be able to follow the author's instructions accurately.

Another drawback is that a living will cannot cover all possible scenarios. In critical situations, the medical circumstances may differ from what was anticipated, or the author's wishes may change due to new developments. In such cases, the living will may no longer be helpful, and other decisions may need to be made.

Additionally, living wills are sometimes not known about or found in time. A will is only useful to the author if it is discovered and considered during an emergency. Therefore, it's crucial to store the document in a safe place and inform close family or friends about its existence.

There may also be situations where doctors or family members do not accept or follow the living will. This can lead to conflicts and uncertainty, and in the worst-case scenario, the author's wishes may not be carried out.

It's important to thoroughly inform oneself before creating a living will and, if necessary, seek professional advice to minimize potential disadvantages.

How beglaubigt.de can help in creating legally valid living wills

Beglaubigt.de is a platform that helps users create legally valid living wills. Users can fill out an online form and receive a notarized living will as a PDF or Word document. This service offers several benefits:

First, beglaubigt.de saves users time and costs, as they do not need to visit a notary in person. Instead, they can complete the living will online and receive notarization, which is required for the document’s legal validity. This is especially helpful for users who might struggle to find a local notary or have no time for an appointment, enabling them to create a living will quickly and easily.

Another advantage is the flexibility beglaubigt.de offers. Users can modify or update their living will online at any time, ensuring that it is always up to date. Additionally, beglaubigt.de automatically reminds users every two years to review and possibly update their document.

This ensures that their medical wishes and preferences remain current and are respected in critical situations.

Finally, beglaubigt.de provides free expert advice, available to answer any questions and offer personalized recommendations. This service is particularly useful for users who are uncertain about which medical preferences and directives to include in their living will.

Furthermore, beglaubigt.de assists users in finding a notary for their will’s notarization and, if necessary, can connect them with a suitable local notary.

III. Costs of a notarized living will

What does a living will cost at a notary?

According to § 34 paragraph 1 of the Court and Notary Costs Act (GNotKG), a fee of €60 is charged for the notarization of a living will. This fee is generally independent of the complexity of the will or the duration of the notarization process.

However, additional costs such as postage and writing expenses may arise, which can vary from notary to notary. Therefore, it is advisable to inquire about the exact costs with the notary in advance.

The relevant section in the Notary Costs Act for the costs of notarizing a living will is item 24200 in Annex 1 of the law, which regulates fees for notarizing declarations of intent and signatures.

Watch out for hidden costs

In addition to the actual costs of notarizing a living will, hidden costs can also arise. A key factor here is travel expenses, which may be incurred when arranging an appointment with a notary.

It can also be difficult to find a timely appointment, as notaries are often fully booked. This can delay the creation of the living will, potentially leading to additional costs.

Additionally, notarization typically requires personal attendance, which may lead to further expenses such as time and travel costs.

An alternative to a notary is the online platform beglaubigt.de. Here, living wills can be created quickly and easily online, without the need for personal attendance at a notary's office.

This eliminates travel and time costs, making the process not only more convenient but also more cost-effective. The appointment scheduling process is also much faster and simpler. Another advantage of online creation is the ability to produce the living will in multiple languages, which can be particularly relevant for people with a migration background.

Here are some alternatives to notarizing a living will and an overview of their costs:

1. Handwritten signature: The most affordable option is a self-written and signed living will. This is legally valid but carries the risk of not being considered binding in a court case. There are no associated costs.
   
2. Signed by two witnesses: Another option is having the living will signed by two witnesses. This increases its binding nature, as the witnesses can serve as evidence in case of a legal dispute. There are no associated costs.
   
3. Notarization: Notarization is the most secure and binding option for a living will. However, it incurs a fee of €60 according to the Notary Fees Act, plus any additional postage and document preparation costs.
   
4. Certification by a lawyer: A lawyer can certify the living will and confirm that the author signed it while of sound mind and fully aware of the consequences. The costs for a lawyer-certified living will can vary depending on the region and lawyer.
5. Certification by a doctor: A doctor can also certify a living will, but this certification is not as comprehensive as that of a notary or lawyer. The costs for a doctor-certified living will can also vary.
6. Beglaubigt.de: Online services like beglaubigt.de offer legally valid documents such as living wills in PDF or Word format. The cost of these services varies by provider and package, but they are often more affordable than a notarization. (Living will ready for printing)

In a detailed article, we thoroughly compared all the alternatives: What does a living will cost: Cost overview & free alternatives.