The bill prepared by the Ministry of Justice aims to facilitate the life of heirs and to improve the procedures for succession. The changes relate primarily to entries in the perpetual books, which presently require heirs to engage in time-consuming and complicated formalities. The fresh rules are intended to shift any of the duties to notaries, which is to velocity up the process and reduce the burden on courts.
Notebook alternatively of heir – how does it work?
According to the project, the notary will be able to apply on behalf of the heir for entry in the perpetual book on the date of the drawing up of the certificate of inheritance. It is now the heir who must study to the court himself to enter the alert. If he does not do so within the prescribed time limit, he is in danger of being fined, and there may be annotation in the perpetual book of the non-compliance with the facts.
"Amendment of rules will greatly improve and velocity up cases. The current disclosure of the heir, the fresh owner, in the perpetual book, is frequently linked to a time-consuming and labor-intensive procedure in which courts gotta carry out a number of activities that will be unnecessary in the event of the proposed amendments" - stressed the Ministry of Justice in the justification of the project.
Transparency and certainty of entries in perpetual books
The fresh rules are besides intended to increase the transparency and up-to-dateness of entries in perpetual books. As indicated in the explanatory memorandum of the project, “the perpetual accounts are kept in order to safe the sale of immovable property, the effect of the changes introduced in relation to the anticipation for notaries to submit applications to the perpetual book after drawing up an inheritance certificate will be transparency and certainty of the validity of the entries in the perpetual book”.
According to the project, the notary will be required to apply for an entry in the perpetual book through the electronic system, provided the legal consequence of the individual entered as the owner is confirmed by appropriate documents.
Less work for courts
The proposed amendments will besides reduce the burden on courts. Currently, after drawing up a certificate of succession, the notary informs the eternal court of the change of ownership of the property, but it is the heir who must apply for the entry. In the absence of specified a request, the court must enter a informing in the perpetual book and then delete it, which generates additional work.
After the changes have been made, the notary will be able to apply for an entry in the perpetual book, which will limit the number of actions performed by courts. "The limits are besides to be applied by courts in specified cases, as, among another things, it will no longer be essential to enter a possible informing in the land registry and then delete it," the Ministry of Justice points out.
Summary
The bill prepared by the Ministry of Justice is simply a step towards simplifying and accelerating inheritance procedures. The transfer of the work to apply for entry in the perpetual book to notaries not only relieves the heirs, but besides reduces the burden on courts. These changes are besides intended to increase the transparency and up-to-dateness of entries in perpetual books, which will increase the certainty of real property trading.
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A heir with little responsibilities? The fresh bill improves the succession process
