Execution of the Will

Execution of the Will

After the will is drawn up, notaries inform the relevant civil registry office so that this information can be recorded in the testator’s civil registry records. In practice, magistrates’ courts are usually informed of the existence of a will upon notification from the registry office. Once the magistrates’ court is aware of the will’s existence, it requests a copy from the notary who prepared it. It then sends notices to all potential heirs informing them of the date the will will be opened. The will is opened on the specified date. If the relevant parties do not object or if the objections and lawsuits are resolved, the court decides to “consider the will opened and read and to issue inheritance certificates to the requesting heirs.”

Since legal remedies are available and open to appeal, this decision must be final.

Even if the terms “enforcement” or “execution” are not used, if the decision states that the will has been opened and read and that all heirs have not objected or that objections and lawsuits have been resolved, this decision is an enforcement decision and is enforceable. The fact that inheritance certificates will be issued to the applicants also supports this view.

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