Appointment of a legal guardian (Vormund) in Germany by way of a will: legal requirements for recognition by the court
Many Muslim parents living in Germany are worried about what will happen to their minor children if the parents pass away – especially in view of the differences between their religious and cultural background and the general German legal framework.
One of the most important legal tools parents can use is a guardian appointment by will (Vormundschaftsverfügung).
However, in order for this document to be legally valid and binding for the court, it must meet certain formal and substantive requirements.
This article explains in detail how to draft such a guardian appointment and which legal conditions must be fulfilled so that German family courts will usually recognise and implement it.
A Vormundschaftsverfügung is a formal written declaration made by one parent or by both parents together, in which they designate a specific person to take over care and parental responsibility for their minor children in the event of their death.
According to section 1776 of the German Civil Code (BGB), such a declaration is in principle legally binding, unless the court has compelling reasons not to follow the parents’ choice.
The document must be handwritten (in line with section 2247 BGB), or
notarised by a German notary (Notar).
It may be typewritten or printed, but:
If it is not notarised, the entire text must be written by hand and signed personally.
The declaration should contain at least:
Full name and date of birth of the parent(s) making the declaration
Current residential address
Name and date of birth of the child / children concerned
Full name and address of the person to be appointed as guardian
The intention must be clearly and explicitly worded, for example as follows:
“Ich bestimme, dass im Fall meines Todes Herr/Frau [Name] Vormund für mein(e) Kind(er) [Name des Kindes/der Kinder] sein soll.”
This German wording is important, as the document will be assessed under German law. It must be clear who is to become guardian for which child or children in the event of death.
Without a handwritten signature and date, the document will, as a rule, not be legally binding.
If both parents issue a joint declaration, both must sign.
A written declaration of consent by the person to be appointed is not a strict legal requirement,
but it significantly strengthens the document and makes things easier for the court and for the authorities later on.
Notarisation is not mandatory,
but it is strongly recommended, especially where conflicts, uncertainties or complex family situations are foreseeable.
Notarisation helps to:
safeguard the authenticity of the declaration,
ensure that the content is in line with German law, and
reduce the risk of later disputes about formal defects or interpretation.
Even with a Vormundschaftsverfügung, the family court is not automatically bound by the parents’ choice. Under section 1780 BGB, the court may appoint someone else if:
the chosen person is unsuitable,
for example because of a relevant criminal record, serious addiction problems or severe mental illness,
the person’s living situation is highly unstable,
e.g. serious financial hardship, no fixed accommodation, major social problems,
the person does not wish to take on the guardianship,
appointing this person would be clearly contrary to the child’s best interests (Kindeswohl).
In such cases, the court appoints another suitable person or an official guardian.
Nevertheless, the court will usually try to respect the parents’ wishes, as far as this is compatible with the child’s welfare.
To maximise the chances that the court will follow your wishes, the following steps are advisable:
Write the guardian appointment by hand and sign it (or have it notarised).
Deposit a copy with the local youth welfare office (Jugendamt) or the competent family court (Familiengericht), if possible.
Give a copy to the person you have appointed as guardian and inform them clearly.
Attach a short explanatory letter describing your reasons for choosing this person,
such as shared language, religious background, cultural closeness, or an especially close relationship with the child.
Refer to the Vormundschaftsverfügung again in your general last will and testament, thereby reinforcing it.
Below is a commonly used basic formula which can be adapted to your personal circumstances. The core wording should remain in German:
Vormundschaftsverfügung
Ich, [vollständiger Name]
geboren am [Geburtsdatum], wohnhaft in [Anschrift],
bestimme hiermit für mein(e) minderjährige(n) Kind(er):[Name des Kindes / der Kinder – Geburtsdatum/Geburtsdaten]
Herrn/Frau [Name des Vormunds – Anschrift]
als Vormund im Falle meines Todes.
Mir ist wichtig, dass mein(e) Kind(er) in einem kulturellen und religiösen Umfeld aufwachsen, das unserer familiären Überzeugung entspricht.
Ort, Datum
(Unterschrift)
Appointing a legal guardian for minor children in Germany is not only a religious or emotional matter – it is a clearly regulated legal instrument that can be fully aligned with German law.
With a properly drafted and formally valid Vormundschaftsverfügung, parents can ensure that, in the worst case, their children will be cared for by someone they trust and who respects their religious, cultural and personal identity.
Early planning and a clean, legally sound wording can protect children from purely bureaucratic decisions which might otherwise not match the parents’ values or the child’s true best interests.
The editorial team of this website endeavours to provide accurate information based on thorough research and various sources. Nevertheless, errors may occur or some details may be incomplete or not finally verified. Please regard the information in this article as an initial guide and always contact the competent authorities or qualified legal professionals for binding and up-to-date advice.
