Convention on the Establishment of a Scheme of Registration of Wills

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Belgium	Yes	No
Cyprus	Yes	No
Estonia	Yes	No
France	Yes	No
Italy	Yes	No
Lithuania	Yes	No
Luxembourg	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No
Spain	Yes	No
Türkiye	Yes	No
Ukraine	Yes	No

Belgium

02-03-1977

With reference to the deposit of the instrument of ratification of the Convention on the Establishment of a Scheme of Registration of Wills, I have the honour to notify herewith, in conformity with Article 3.2, the appointment by the Belgian Government of the National Body:

- FEDERATION ROYALE DES NOTAIRES DE BELGIQUE - CRT rue de la Montagne, 34 - Boîte postale 11, 1000 Bruxelles (name in French language)

- KONINGLIKJKE FEDERATIE VAN BELGISCHE NOTARISSEN - CRT Bergstraat 34 - Bus 11, 1000 Brussel (name in Dutch language).

Cyprus

11-10-1982

a. Name and nature of the Body nominated under Article 2 of the Convention:

The name of the body is the "Principal Probate Registry".

Nature of the Body : It has been established under the Administration of Estates Law, Cap. 189 and it is housed at the Supreme Court Registry. It is headed by the Chief Registrar of the Supreme Court who is directly responsible to the Supreme Court. Its main functions under this Law are :

1. to keep an alphabetical list of all applications for letters of administration or for probate of wills of deceased persons, made in the District Probate Registries of Cyprus;

2. to keep a register and alphabetical index of persons who have deposited their will in the District Probate Registries;

3. to prepare an annual calendar of the grants made in the District Probate Registries, containing a note of every probate or administration with the will annexed and of every other administration granted within the period specified in the calendar setting forth the date of the grant, the registry in which it was made, the name, in alphabetical order, and the place and time or death of the testator or intestate, the names and description of the executors or administrators, and the value of the estate, if any;

4. to reply to requests for information regarding deposit of wills and other matters regarding administration of estates;

5. to supervise administration of estates in the District Probate Registries.

b. Name and nature of the Body nominated under Article 3 of the Convention:

It is the same body as the one nominated under Article 2.

c. Fees payable for furnishing information by the nominated body:

The question of fees appears to be a matter of legislation because it seems that they do not come within the ambit of Article 163.2(1) of the Constitution, in which case the Supreme Court might have been able to make Rules prescribing the appropriate fees. It is submitted, however, that the fee of £2 provided by item 1 of Appendix B of the Administration of Estates (Amendment) Rules, 1978, is a proper fee.

d. Fees payable for furnishing information by the nominated body:

The answer to this query is the same as the one given with respect to c but it is submitted that the fee of .500 mils provided by item 3 of the above Rules is a proper fee.

e. Average monthly or annual number of wills registered:

The average number of wills deposited by non-Cypriot citizens is 15. (The average annual number of wills registered by Cypriot citizens is about 300).

f. Average monthly or annual number of requests for information:

The number of requests for information regarding wills in general is very small - 2 to 3 a year.

g. Possibility of extending the system of registration of wills as provided by Article 11 of the Convention:

There is a possibility of extending the system of registration of wills as provided by Article 11 of the Convention.

Estonia

21-09-2001

For the purposes of Article 3 of the Convention, the national body appointed for the Republic of Estonia is the Succession Register of the City Court of Tallinn : Endla 10, 10142 Tallinn, Estonia.

03-03-2016

Updating of contact information
Central authorities (Article 3):
Chamber of Notaries
Tatari 25
10116 Tallinn, Estonia
E-mail: [e-mail]
Webpage: www.notar.ee

France

20-09-1974

In accordance with Article 3, paragraph 2 of the Convention, the national body appointed is the Conseil Supérieur du Notariat 31, rue du Général Foy, 75008 PARIS.
In accordance with Article 14, paragraph 1 of the Convention, the French Government specifies the following territories : "European and Over-Sea Departments of the Republic".

02-09-2011

Central Authority:
Conseil Supérieur du notariat
60 boulevard de la Tour-Maubourg
75007 PARIS

Italy

25-09-1981

I have the honour to notify, in accordance with Article 3, paragraph 2 of the said Convention, that the Italian Republic has appointed the "Amministrazione Archivi Notarili nella persona del Direttore avente qualifica di Conservatore del registro generale dei Testamenti, via Padre Semeria, 99 ROMA" as national body, in pursuance of Article 3, paragraph 1, of the Convention.

Lithuania

19-05-2004

In accordance with Articles 2 and 3 of the Convention, the Republic of Lithuania declares that the Central Mortgage Office is being designated as the responsible institution for the registration, requests for information and international co-operation provided for by the Convention.

02-09-2016

Central authorities : (Articles 2 and 3)
State Enterprise Centre of Registers
Vinco Kudirkos str.18-3,
LT-03105 Vilnius
Lithuania
Tel. : [phone]
Fax. : [phone]
E-mail : [e-mail]
Internet : http://info.registrucentras.lt/

Luxembourg

03-06-1982

I have the honour to notify, in pursuance of Article 3, paragraph 2 of the Convention, that the "Administration de l'Enregistrement et des Domaines, Plateau du St. Esprit, Luxembourg" has been appointed to arrange for registration in other Contracting States, as provided for in Article 6, and to receive requests for information arriving from the national bodies of other Contracting States and answer them under the conditions set out in Article 8.

Netherlands, the Kingdom of the

12-12-1977

For the Kingdom of the Netherlands the Ministry of Justice in The Hague has been designated as national body under Article 3, paragraph 1 of the convention. This Ministry performs the tasks set out in the above-mentioned paragraph:

a. with regard to the Netherlands Register of Wills;

b. with regard to the duplicate of the Antilles Register of Wills, kept by it.

The Government of the Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe and the Netherlands Antilles.

03-01-1986

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration

...

77. Convention on the Establishment of a Scheme of Registration of Wills (1972)

Portugal

27-04-1982

I have the honour, with reference to Article 3 of the Convention on the Establishment of a Scheme of Registration of Wills, to inform you that the Portuguese authorities have appointed as competent body the "Conservatória dos Registos Centrais, Rua Rodrigo da Fonseca, 198/202, 1000 LISBOA, Portugal".

Spain

28-06-1985

The national body designated by Spain under Article 2 of the Convention is the "Registro General de Actos de Ultima Voluntad, Dirección General de los Registros y del Notariado Ministerio de Justicia, San Bernardo, 45, 28015 Madrid".

10-03-1999

Central Authority :

Ministerio de Justicia, Secretaría General Técnica, San Bernardo, 45, 28071 Madrid, Espana.

Türkiye

19-12-1975

The Government of Turkey, while ratifying the Convention on the Establishment of a Scheme of Registration of Wills, declares that it does not consider itself bound to carry out the provisions of the said Convention in relation to the Greek Cypriot Administration, which is not constitutionally entitled to represent alone the Republic of Cyprus.

[The Notification of the above reservation mentioned the Decision taken by the Committee of Ministers in February 1976, at the 254th meeting of the Ministers' Deputies, which reads as follows :

"The Deputies,
In the light of the foregoing discussion, and referring solely to the procedural aspects of the deposit of the seven instruments of ratification,
Considered that the Secretary General should proceed, with effect from 19 December 1975 to the registration of these instruments of ratification as presented by the Permanent Representative of Turkey by letters dated 19 December 1975 and notify the Governments of member States thereof, it being understood that the registration of reservations by the Secretary General has no effect on their validity.
The above decision will in no way affect the position of the Government of the Republic of Cyprus in the Committee of Ministers of the Council of Europe."]

05-06-1984

I have the honour to inform you that the national body set out in Article 3, paragraph 1 and Article 3, paragraph 2 of the Convention on the Establishment of a Scheme of Registration of Wills is the Association of Notaries of Turkey, the denomination of which is "Türkiye Noterler Birligi".

Ukraine

30-09-2010

In accordance with Article 3, paragraph 1, of the Convention, Ukraine declares that the Ministry of Justice of Ukraine is the national authority to fulfill the functions provided for by the Convention.

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text