Denmark

What are the principal forms of will in Denmark?

* The notarial will signed or filed with a Notary at the District Court.

* The will attested by witnesses, signed or certified by two witnesses, who must not have a benefit from the will

Does a register of wills exist in Denmark?

Yes, there is a register of wills administered by the State called Central Register of Wills. However, only notarial wills are registered there, and the will will automatically be found when a person dies. Witnessed wills must be stored by the testator themselves, so that the relatives can locate it upon death.

Why register a will?

It is not mandatory to record wills in the Central Register of Wills. However, a will which is not found is deemed to be a non-existent will. If no will exists, the provisions of the Danish Inheritance Act apply exclusively.

This is why it is recommended that the will is signed with the notary, so it can be stored in the Central Register of Wills. In this way, the testator can be sure that one’s last wishes will be found and therefore respected following one’s death.

Who can carry out the registration?

The Notary at one of Denmark’s District Courts carries out the registration of wills. In effect, although it is possible to draw up a will oneself, the assistance of a lawyer with a specialty in the matter us useful. The lawyer’s advice shall thus enable to draw up a will which respects the law and which therefore does not run you the risk of the will being declared null and void.

The notary does not draft a will and does not assess its contents but merely records the necessary information to enable the will to be located upon the testator’s death and stores the will in the Central Register of Wills. The contents of the will are only assessed after the death of the testator.

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?

The district courts retain an original copy of notarial wills and submit them electronically to the Central Register of Wills. Likewise, the testator receives an original copy for safekeeping once it has been signed by the notary.

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 for persons other than the testator during the entire life of the testator.

How much does it cost to register a will?

It costs 300 kr. to sign a will with a notary. (40 EUR)

Who may query the register of wills?

Upon the death of the testator, the competent court shall open succession proceedings and only this court may consult the register of wills. This query is obligatory as it ensures that the last wishes of the testator are respected.

Is it necessary to provide a death certificate?

No, the surviving heirs are not required to submit a death certificate to the district court responsible for administering the estate. The physician who completes the death certificate must submit it electronically to the Danish Health Authority’s Electronic Reporting System no later than two working days after the death. Once the death has been registered in the system, the parish in which the deceased resided will automatically be notified, and subsequently the district court responsible for administering the estate will also be notified. The court will then contact the person listed as the contact person in the request to the parish regarding the burial or cremation of the deceased in order to arrange a meeting concerning the administration of the estate.

How much does a search cost?

Searches in the Register of Will are free of charge. However, it is only the testator himself or the District Court that may search in the register.

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