Registration of certificate of inheritance
1. To what extent could the Certificate be registered in your Land Registry? Is this Certificate enough for the registration of ownership (or other rights in rem) in the name of the heirs (or legatees)? Otherwise, which other additional documents or complementary requirements would be needed?
The certificate is enough for the registration of ownership (or other rights in rem) in the name of the heirs if we have the land book for the property. Otherwise, if we don’t have a land book for the property, apart the certificate we need original title of ownership for example: notarial deed, administrative decision, act of ownership of land.
According to 34 article of Act of 6 July 1982 on land and mortgage registers and on mortgage: An entry may be made when the person whose right is to be prejudiced by the entry has been or is at the same time being entered in the land and mortgage register as the right -holder.
However, for the purpose of the evidencing of the owner, it shall be sufficient to prove the legal succession after the person entered as the owner by means of relevant documents.
- Do you request official translations of European Certificates of Succession that are drawn up in a foreign language? Is the registration of a multilingual deed possible?
Yes, sworn translation.
It is possible.
2. In particular: for the purposes of registration, if the interested parties have complied with a Certificate of Inheritance adequately, will sharing out or distribution of estate deeds be also necessary?
Yes, they are also necessary, all the history of the estate distribution to the actual owners must be proved in front of the registrar
3. In the event that the Certificate cannot be used for purposes of registration at all in your LR system, please let’s know the legal reasons.
Not applicable.
4. May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?
The Certificate may be rejected in the event of inadequate completion, mistakes or inaccuracies.
- Do you control whether the authority, who issued the Certificate, is indeed competent to do so? Imagine you receive a request for the registration of a European Certificate of Succession that is drawn up by a foreigner claiming to be a notary in the Netherlands. Do you actively control whether this person is actually a notary in the Netherland and if so, how do you control this?
Yes, by E-Justice Portal, I presume
- A foreign ‘court’ has drawn up a European Certificate of Succession and submitted a request for registration to your organization. As the Certificate does not comply with your national registration requirements, you have to reject the application. In practical terms, how and in which language do you contact the ‘court’?
I would use Polish language and its sworn translation and I would contact a foreign court by registered mail acc. to my law and EU regulations.
- Does your answer to the preceding question change when it is not the issuing authority but the heir himself who submits the request for registration?
No.
5. For the certificate to be effective for the distribution of the estate and its registration, should this document be issued by national notaries or other practitioners or could it be issued by foreign notaries?
The certificate to be effective for the distribution of the estate and its registration should be issued only by national notaries or by court.
