Национални регистри на завещанията в държавите-членки на ЕС и създаване на европейска система за регистрация на завещанията
National Registers of Wills in the Member States of the European Union and the Establishment of a European Scheme of Registration of Wills

Summary/Abstract: National Registers of Wills in the Member States of the European Union and the Establishment of a European Scheme of Registration of WillsThis article studies the legal regulation of national registers of wills in the Member States of the European Union and the establishment of a European scheme of registration of wills according to the latest developments of the discussion on this topic in Europe. On 14 October 2009, the European Commission published draft regulations relating to the issues of jurisdiction, applicable law, recognition and enforcement of decisions and authentic acts in the area of succession. The Explanatory memorandum for this proposal mentions the matter of registration of wills as a subsequent initiative of the European Community. The experts emphasized that it was desirable for the European Union to adopt a non-binding instrument (e. g. a recommendation of the Commission), encouraging the interconnection of national registers of wills and extending the scope of the types of documents that could be subject to registration. Like the Basel Convention on the Establishment of a Scheme of Registration of Wills (16 May 1972), a system of registration, and not deposition of wills will be established. Entries in the register should not take account of the testator’s nationality and registration should not affect the validity of the will. The Member States should be free to choose the administrator of the register according to their national legislation. All changes affecting the will should be subject of an entry in the register so as to ensure compliance with the testator’s last will dispositions.

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