* the notarial will which was drawn up by a civil law notary and the contract of inheritance.
* the testator’s handwritten, dated and signed will.
Yes, there is a Central Register of Wills for Germany, run by the Federal Chamber of Notaries in Berlin (“Bundesnotarkammer”). Entries and searches are executed electronically by German civil law notaries and law courts.
Entries include inheritance contracts, notarial testaments and other documents of a kind likely to influence inheritance such as, for instance, agreements of waiver of right of inheritance and certain marriage contracts and choice of law clauses. Holographic wills may be registered only if placed in a special secure place in the court.
Only data for safekeeping purposes are stored, not the contents of the wills. The Register of Wills therefore records only where the testator is located and where his or her inheritance documents are kept.
The registration of notarial or officially kept documents of a kind likely to influence inheritance is obligatory.
Registration is performed only by the German civil law notary having drawn up the will or, as the case may be, by the court at which the will was deposited for safekeeping. Privately kept wills on the other hand cannot be recorded at all; this also applies to wills kept abroad.
Wills are kept in a special secure place at the competent court. Inheritance contracts may be kept either by the civil law notary who authenticated the contract or by the competent court. All other documents concerning inheritance are kept exclusively by the civil law notary.
No, the existence of the registered documents remains a secret during the testator’s lifetime without the testator’s consent.
Recording an inheritance document costs 12,50 Euros if the fee is charged by a civil law notary or by the court, or 15,50 Euros if the Registry must charge the costs directly to the testator.
The existence of the will and its contents will remain secret throughout the lifetime of the testator.
Upon the death of the testator, any interested person may consult the register of wills themselves or through a legal professional (notary, judge, lawyer). This search is essential in order to ensure that the last wishes of the testator are respected.
Yes, the interested party will need to provide a death certificate in order to conduct a search. This measure ensures that the existence of the will remains secret during the testator’s lifetime.
A search in the Belgian CRT is free of charge, as is a correction or deletion of data from an existing registration.