Heirs will choose notaries themselves as exclusive territorial jurisdiction is excluded

Heir will choose by themselves which notary to ask for services. The Cabinet approved a draft law that excludes the exclusive territorial competence of notaries in matters of succession opening, IPN reports.

“The bill was drafted following the identification of problems in the practice related to the implementation of one of the exceptions from the rule on the general competence of notaries with regard to acts related to notarial succession procedures, i.e. the issuance of the certificate of inheritance and other certificates related to inheritance, which currently fall under the exclusive competence of the notary at the place of opening of the succession,” said Minister of Justice Veronica Mihailov-Moraru.

According to her, this practice creates difficulties and limits public access to notary services. “Thus, in order to exclude the exclusive territorial competence of the notary and the court in the field of succession procedure, this bill proposes amendments in the Civil Code, the Code of Civil Procedure and the Law on notarial procedure, including by regulating the transfer of the succession procedure from the notary conducting this procedure to another notary. In this case, the citizens, directly the heirs, will decide for themselves which notary to go to. This will encourage a competitive spirit and ensure an increase in the quality of services, greater efficiency and a reduction in costs,” said the Minister of Justice.

The draft law is to be examined and adopted by Parliament. At the same time, the new provisions will enter into force together with the creation of technical conditions and the necessary changes in the information system intended to keep the Electronic Register of succession files and wills, but no later than six months from the date of their publication in the Official Gazette.

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