Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)

Cap. 55 Art. 68Wills, etc., not open to inspection.

TITLE II

In KraftAmtlicher Text

(1) Saving the provisions of article 81(5), public wills and the registers thereof shall not be accessible, during the life of the testator, except to the testator himself, or to a person holding a special authority from him, which authority shall be duly authenticated and shall be kept by the notary in a register for the purpose, where the authority shall be numbered. A reference to the number of the authority shall be made on the will or the register.

(2) The Notary who had drawn up a will or his unica charta keeper or delegate Notary shall, after the death of one of the testators and without the need of any further authorisation, have the authority to issue to any person an extract from such will which shall contain all the testamentary dispositions of the deceased testator:

Provided that with regard to such will published before 1st March 2005, the notary shall, instead of an extract, issue a declaration containing the substance of the testamentary dispositions of the deceased testator in such a way that the dispositions of the surviving testator shall not be divulged. Where the notary encounters difficulties in drawing up the declaration, he shall have the right to apply to the Court of Voluntary Jurisdiction requesting it to give him directions as to the manner in which the declaration is to be made; and the court shall give him such directions as it deems fit.

Änderungsgeschichte
  • Amended by L.N. 148 of 1975