Luxembourg

• 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. It is run by the “Administration de l’enregistrement, des domaines et de la TVA”.

Only the metadata of wills are held on this register, that is to say the information which eventually allows to find a specific will. These metadata are : the testator’s name, surname, date and place of birth, identification number, profession, address or domicile, nature and date of document to be registered, as well as the address of the notary who has received the will or is holding it, or, as the case may be, the address of another person or institution keeping the will.

•  Why register a will?

A will which is not found is deemed to be a non-existent 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 they are deposited with a civil law notary.

This is why entering a will in the above mentioned register is recommended. By doing so, the testator can be sure that his last wishes will be found and respected after 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 enables the testator to draw up a will which respects the law and which therefore does not run the risk of being declared null and void.

•   Who can carry out the registration?

The testator may most notably deposit his will with a civil law notary, a lawyer or a financial institution. A civil law notary who has a will in his possession must enter the above mentioned information it in the register.

•  Who keeps the will?

Wills are kept in the place where they have been deposited. If the testator has entered 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 remain secret during the entire life of the testator.

• How much does it cost to register a will?

Registration costs amount to 10 euros if submitted electronically and to 20 euros in case of paper form registrations.

•  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, lawyer).

•  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 ensures that the existence as well as the content of the will remain secret throughout the testator’s life.

• How much does a search cost?

The cost of a search amount to 10 euros in case of electronic demands and 20 euros if submitted on paper. The amounts are doubled in case they cover the Luxembourg as well as one or several foreign registers.

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