How is a will drawn up and can I register it?
Last update: 10/3/2012
Wills can be drawn up in olographic form (i.e. written entirely by hand by the testator and signed by him/her) or executed before a civil law notary in the presence of two witnesses. In the case of international successions, it is very important to seek advice and authentication from a civil law notary.
In a cross-border situation, a will is in principle valid if it complies with the laws of the State where it was drawn up, with the laws of the country whose nationality the deceased held or with the laws of the country where he/she had his/her habitual residence, at the time he/she drew up the will or at the time of his/her death. In addition, for real estate, a will is also valid if it corresponds to the laws of the country where the real estate is located.
Following an amendment to the regulation on registration of 1st January 2001, extracts of wills already open and relating to real estate and rights in rem are registered.
Information about how to keep, to register and to search for a will are also available on the website of the European Network of Register of Wills Association (ENRWA) in the section “Information sheet”.
