Liste des déclarations formulées au titre du traité n° 077

Convention relative à l'établissement d'un système d'inscription des testaments

Situation au 26/5/2013

 

    Belgique :


Declaration contained in a letter from the Permanent Representative of Belgium, dated 2 March 1977 - Or. Fr.

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).
Période d'effet : 9/5/1977 -            
Déclaration ci-dessus relative aux articles : 3

 

    Chypre :


Declaration contained in a letter from the Permanent Representative of Cyprus, dated 11 October 1982, registered at the Secretary General on the same day - Or. Engl.

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.
Période d'effet : 11/10/1982 -                                                
Déclaration ci-dessus relative aux articles : 11, 2, 3

 

    Espagne :


Declaration contained in the instrument of ratification, deposited on 28 June 1985 - Or. Sp.

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".
Période d'effet : 29/9/1985 -               
Déclaration ci-dessus relative aux articles : 2


Declaration contained in a letter from the Permanent Representative of Spain, dated 25 January 1999, registered at the Secretariat General on 26 January 1999 - Or. Fr., and confirmed by a letter dated 9 March 1999, registered at the Secretariat General on 10 March 1999 - Or. Fr.

Central Authority :

Ministerio de Justicia, Secretaría General Técnica, San Bernardo, 45, 28071 Madrid, Espana.
Période d'effet : 10/3/1999 -            
Déclaration ci-dessus relative aux articles : 3

 

    Estonie :


Declaration contained in a Note verbale from the Permanent Representation of Estonia, dated 21 September 2001, deposited with the instrument of ratification on 21 September 2001 - Or. Engl.

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.
Période d'effet : 22/12/2001 -            
Déclaration ci-dessus relative aux articles : 3

 

    France :


Declaration contained in the instrument of approva, deposited on 20 September 1974 - Or. Fr., and updated by a Note verbale from the Permanent Representation of France, dated 31 August 2011, registered at the Secretariat General on 2 September 2011 - Or. Fr.

In accordance with Article 3, paragraph 2, of the Convention, the national body appointed is the:

Conseil supérieur du notariat
60 boulevard de la Tour-Maubourg
75007 PARIS.
Période d'effet : 20/3/1976 -               
Déclaration ci-dessus relative aux articles : 3


Declaration contained in the instrument of approval, deposited on 20 September 1974 - Or. Fr.

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".
Période d'effet : 20/3/1976 -            
Déclaration ci-dessus relative aux articles : 14

 

    Italie :


Declaration contained in a letter from the Permanent Representative of Italy, dated 23 September 1981, handed to the Secretary General at the time of deposit of the instrument of ratification, on 25 September 1981 - Or. It.

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.
Période d'effet : 26/12/1981 -            
Déclaration ci-dessus relative aux articles : 3

 

    Lituanie :


Declaration contained in the instrument of ratification deposited on 19 May 2004 - Or. Engl.

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.
Période d'effet : 20/8/2004 -                              
Déclaration ci-dessus relative aux articles : 2, 3

 

    Luxembourg :


Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 3 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day - Or. Fr.

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.
Période d'effet : 4/9/1982 -            
Déclaration ci-dessus relative aux articles : 3

 

    Pays-Bas :


Declaration made at the time of deposit of the instrument of acceptance, on 12 December 1977 - Or. Fr.

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.
Période d'effet : 13/3/1978 -               
Déclaration ci-dessus relative aux articles : 3


Declaration contained in the instrument of acceptance, deposited on 12 December 1977 - Or. Fr.

The Government of the Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe and the Netherlands Antilles.
Période d'effet : 13/3/1978 -               
Déclaration ci-dessus relative aux articles : 14


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

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)

...
Période d'effet : 1/1/1986 -            
Déclaration ci-dessus relative aux articles : 14

 

    Portugal :


Declaration contained in a letter from the Permanent Representative of Portugal, dated 26 April 1982, registered at the Secretariat General on 27 April 1982 - Or. Fr.

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".
Période d'effet : 21/7/1982 -            
Déclaration ci-dessus relative aux articles : 3

 

    Turquie :


Reservation contained in a letter from the Permanent Representative of Turkey, dated 19 December 1975, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day - Or. Fr.

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."]

Période d'effet : 20/3/1976 -               
Déclaration ci-dessus relative aux articles : -


Declaration contained in a letter from the Permanent Representative of Turkey, dated 25 May 1984, registered at the Secretariat General on 5 June 1984 - Or. Fr.

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".
Période d'effet : 5/6/1984 -            
Déclaration ci-dessus relative aux articles : 3

 

    Ukraine :


Declaration contained in the instrument of ratification deposited on 30 September 2010 - Or. Engl.

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.
Période d'effet : 31/12/2010 -            
Déclaration ci-dessus relative aux articles : 3

Source : Bureau des Traités sur http://conventions.coe.int