In the chapter “Final and transitional provisions” (Articles 110-111) of Law No. 358 of 3 July 1944 on the authentication and legalisation of documents, giving a clear date to documents and legalisation of copies of documents, it is provided for the creation at Ilfov Court – Notarial Section, of the Register of authentic and secret wills of the whole country, a register unique in the world at that time.
From that year onwards, all notarial sections that operated within the framework of the authorities and notaries who gave authentic form to wills and declarations that revoked or amended wills, as well as the authorities that kept secret wills, were required to communicate reports on these documents to the Ilfov Tribunal – Notarial Section, within a maximum of 10 days from the date on which they issued or authenticated this type of testamentary disposition. The reports contained general information: surname, first name of the testator or declarant, the authentic or secret nature of the will, the date and number under which they were authenticated or registered with the authorities or the notary. The notary or the authority that, for a certain period, had not authenticated or had not issued a testamentary disposition, was obliged to complete the report anyway within the prescribed time limit.
For registration, a general index and an index in alphabetical order were requested and completed daily, under the direct supervision of the first clerk, who also kept the reports.
The index was confidential with regard to secret wills, information or certificates could not be offered unless the death of the testator was proven.
Decree no. 53/1953 provides for the creation of the register of authentic and secret wills of the whole country at the Main Office of the State Notariat of the Capital of the Romanian People’s Republic and the Bucharest Region. The registers were transferred to the Main Office of the State Notariat.
Given the new competence in inheritance, the register had the role of ensuring the efficiency of the notarial system and at the same time reducing the possibility of error in the event of a testate succession. At the end of each month, the regional offices of the State notariat were obliged to communicate to the main office of the state notariat of the capital of the Romanian People’s Republic and the Bucharest Region the total number of authentic wills and authentic declarations, by which wills, deposited in their central archives, were amended or revoked during the respective month.
The Register of Wills was abolished for a short period of time because it was not perceived as useful or necessary. Its usefulness was really understood after 50 years, when the digitalised form of the register was created.
Uniunea Naţională a Notarilor Publici din Romania.