Registration of certificate of inheritance

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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?

A certificate itself cannot be registerd in Land Registry. Only rights that result from it are registered in Land Registry. This certificate, issued by notary is enough for regsistration of ownership.

  • 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?
    Latvian Land register law say’s that Documents need to be submitted to a district (city) court in the official language.

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, the distribution of estate deeds are necessary if not negotiated otherwise.

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.

There are no reasons why Certificate of Inheritance could not be used for purpose of registration of rights in rem.

4. May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?

If such mistakes arrise, registration of ownership can, of course be refused, although, such occurences are extremely rare if non-existent.

  • 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?
    A corroboration request must be certified by a notary. So, the judge that deals with such application does not perform this check additionally.
  • 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’?
    Theoretically a judge will write a refusal document that will be issued to the applicant. Since a judge that deals with land registry matters has a rather passive role, he/she does not have to actively request somebody to make changes in the submitted documents.
  • 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?

Certificate of Inheritance is issued by national notaries only. If duly certified, certificates from foreign authorities can be used.

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