1 The kinds of registers that exist in the Member State, containing information relevant to successions
- Land register;
- Civil status register;
- Register recording matrimonial property regimes - Register recording the property regimes of registered partnerships - Register of wills;
- European register of certificates of succession;
- Business register.
2 Information contained in each of the registers of the Member State, as listed under point 1
- Which information is kept in the registers?
Please consult the following websites.
o Portail du cadastre et de la topographie (in French)
o Guichet.lu Wills and last wishes
o LBR (Luxembourg Business Register)
o European Certificate of Succession (ECS) (certificat successoral européen (CSE)): register kept by the Chamber of Notaries (Chambre des notaires) of the Grand Duchy of Luxembourg. It contains some basic information on the ECS drawn up by the Luxembourg notaries.
- Are there regional registers? No.
- Is the information held in the registers publicly available or are there restrictions on access? Generally restricted, depending on the register concerned.
- If there are restrictions on access, who is entitled to request information? It varies depending on the register concerned.
- Is the authority keeping the register authorised under national law to provide information to another national authority? It varies depending on the register concerned.
- If yes, which information can the authority keeping the register provide to another national authority under national law? See previous answer.
- On which grounds can the authority keeping the register refuse to provide information, in particular, as regards registered wills? Can the authorities that hold information on wills disclose the content of a will to the authorities of another Member State? Please refer to Guichet.lu Performing a will search.
- What information must the requesting authority from another Member State provide in order to be able to consult the register? For example, name of the deceased, ID number of the deceased, date of birth of the deceased, residence of the deceased, other. See the above-mentioned website.
- Must the requesting authority provide any supporting evidence of the information provided on the deceased? See the above-mentioned website.
- Must the requesting authority provide proof that it is requesting information in accordance with Article 66(5)? For example, a copy of the application for an ECS. See the above-mentioned website.
- What means can be used to request and provide information? For example email, other means of electronic transmission. See the above-mentioned website.
- In which language can the information be requested? See the above-mentioned website.
- How will the information be provided? See the above-mentioned website.
- In which language can the information be provided? See the above-mentioned website.
- Must the requesting authority pay costs to obtain the information requested? How can these costs be paid for? See the above-mentioned website.
- Which are the formal and substantial requirements to register a change of ownership of registered property resulting from succession? For example, tax documents, list of rights in rem, evidence of rights in rem, proof of acceptance, other. See the above-mentioned website.
- What information is required in order for the registering authority to identify the registered asset and be able to register a change of ownership further to a succession? See the above-mentioned website.
- What is the legal value in your Member State of the information kept in the register? Please indicate in particular if, under your national law, registration provides evidence of legal title. See the above-mentioned website.
3 The availability of information on bank accounts
- Is there an authority in your Member State which keeps a list of bank accounts? (For example, the central bank.) No.
4 The availability of a register of intellectual property rights
- In your Member State, is information on intellectual property (propriété intellectuelle) rights kept by an authority or entity? No.
5 Other registers with information relevant to successions
Not applicable
6 The availability of information on closed wills and wills not subject to registration
If your Member State’s legislation allows for sealed wills or wills not subject to registration:
- which authorities or persons are allowed to keep the will? Testators, notaries; see also https://guichet.public.lu/en/citoyens/famille-education/succession.html
- Are these authorities or persons legally obliged to disclose the content of the will after the death of the testator? Yes, with regard to notaries.
- Before whom should these authorities or persons disclose the content of the will? The heirs.
- Who can ask for the disclosure of the will? The heirs.