Association du Réseau Européen des Registres Testamentaires

Luxembourg

Registering and searching for wills

 What are the forms of will in Luxembourg ?

* the authentic will, drawn up by a civil law notary.

* the holographic will, written, dated and signed by the testator himself.

* the sealed will, placed in a sealed envelope and handed over to a civil law notary.

 Does a register of wills exist in Luxembourg ?

Yes, there is a register of wills administered by the Directorate of the Registration Administration. This register is not kept electronically.

1.The registration of a will

 Why register a will ?

It is mandatory to register wills which are deposited with a civil law notary. However, it is not mandatory to record holographic wills in the register, except if there are deposited with a civil law notary. However, a will which is not found is deemed to be a non-existent will.This is why it is recommended that the will is recorded in the register. In this way, the testator can be sure that his last wishes will be found and therefore respected following his death.In addition, although it is possible to draft a holographic or sealed will oneself, the assistance of a law professional and in particular a civil law notary is particularly valuable since he is a specialist in the matter. His advice shall thus enable to draw up a will which respects the law and which therefore does not run the risk of being declared null and void. The involvement of this professional gives rise to the recording of the will in the register

 Who can carry out the registration ?

The testator may deposit his will with a civil law notary, a lawyer or a financial institution. Any person who has a will in his possession must record it in the register. It is not the content of the will which is registered in the register but the information which enables the will to be found.

 Who keeps the will ?

Wills are kept in the place where they have been deposited. If the testator has recorded his holographic will in the register himself, he shall keep his will in the place of his choice (at home, in a safe etc.).

 Can the testator’s family members consult the register while he is still alive ?
No, the existence of a will and its content shall remain a secret during the entire life of the testator.

 How much does it cost to register a will ?

The cost of registration of a will amounts to 9.92 €.

2.Searching for wills

 Who may query the register of wills ?

Upon the death of the testator, on production of a death certificate, the deceased’s family may query the register of wills themselves or through a law professional (civil law notary, judge, lawyer). This query is obligatory as it ensures that the last wishes of the testator are respected.

 Is it necessary to provide a death certificate ?

Yes, the testator’s family must provide a death certificate in order to be able to carry out a search. This measure enables to ensure that the existence of the will remains secret throughout the testator’s life.

 How much does a search cost ?

The cost of a search amounts to 9.92 Euros.

Fiche-pratique-Luxembourg-EN

15 juin 2012
info document : PDF
54.9 ko