The law on inheritance is changing

notary / Photo source: EVZ

The law regarding inheritances and succession documents is changing in the Republic of Moldova, after the Chisinau Parliament approved, in the first reading, a draft law in this regard.

New Law on Inheritance

According to the amendments envisaged in the draft law, the acts related to the issuance of the heir certificate or the certificates related to the inheritance will no longer be the exclusive competence of the notary at the place of the opening of the succession.

The draft law provides for the elimination of the exclusive territorial competence of notaries in the matter of opening successions and was drafted by a group of deputies from the “Action and Solidarity Party” (PAS). The authors motivated the legal initiative by showing that, currently, citizens’ access to notarial services in connection with successions and inheritances is unjustifiably limited.

Simpler procedures and competition between notaries

Thus, if the PAS deputies’ initiative is approved, the entitled persons will be able to submit an application to any notary in the Republic of Moldova to open the succession procedure.

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The opening of the succession at any notary public in the country will be possible following the establishment of the Electronic Register of succession files and wills. Also, notaries have access to various electronic registers, so there is no longer a need to consult the archives in physical format.

Parliament of the Republic of Moldova, / Photo source: Facebook/ Parliament of the Republic of Moldova

In addition, according to the legislative draft of the PAS deputies, a notary will be able to transfer the succession procedure to another notary at the joint request of a simple majority of the heirs.

“This will encourage a competitive spirit and ensure an increase in the quality of services and a decrease in costs,” the explanatory note of the draft law states.

The inheritance law still has a few steps to go

The initiative regarding PAS parliamentarians’ inheritances was voted, in the first reading, by 68 deputies.

The legislative initiative will be subject to public consultations, then it will be examined and voted on in the second reading.

If it is adopted, the project will become law after ensuring the technical conditions and making the necessary changes in the electronic register of succession files and wills information system, but no later than six months from the date of publication in the Official Gazette.