~ Legal professionals, some questions/answers to assist you ~

• When the existence of a will has been established, who has to be contacted to obtain information about its content?

The Romanian Register of Wills (the National Notarial Register for Authentic Wills and Donations – RNNEL) does not receive the will or a copy thereof. Moreover, no information on the content of a will is sent to this Register. Therefore, such information can be obtained from the civil law notary holding the will (generally, the civil law notary that authenticated the will or, in certain cases, a different civil law notary/Chamber of Civil law notaries holding the archive of that civil law notary). Information on the civil law notary that has authenticated the will can be obtained by querying the Romanian Register of Wills, in particular via the European Network of Registers of Wills (ENRW).

• Who is entitled to receive the information?

The information about the existence of a will can be obtained by the authority or legal professional settling the succession, by public authorities, by the heirs and beneficiaries of the will or by their representatives and by persons demonstrating a legitimate interest. Information on the content of the will, and if necessary a copy of the will itself, can be obtained from the notary/authority holding the will by public authorities and legal professionals responsible for settling the succession. Under certain circumstances, such information may be obtained by the heirs and beneficiaries of the will or by their representatives and by persons demonstrating a legitimate interest. Evidence of this interest must be provided.

• Is there a particular procedure to be followed? If so, which one?

For the information contained in the will, or a copy of the will itself, to be obtained from the civil law notary/authority holding the will, a request must be lodged with the civil law notary/authority holding the will. The proof of the death of the testator must be provided. Also, evidence of the legitimate interest must be provided.

• By what means can the information be sent?

Upon request, the information contained in the will and/or a copy of the will itself can be obtained from the notary holding the will by the heirs and their representatives or by persons demonstrating a legitimate interest.  Under certain circumstances, information may be exchanged between authorities and legal professionals responsible for settling the succession.

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