After drawing up a will, notaries inform the relevant civil registry office so that this information can be recorded in the testator’s civil registry. In practice, magistrates are generally informed of the existence of a will upon notification by the civil registry offices. Once the magistrate’s court is informed of the existence of a will, it requests a copy from the notary who drafted it. It then issues notices to all presumed heirs, informing them of the date on which the will will be opened. The will is opened on the specified date. If the interested parties do not object, or if the objections and lawsuits are resolved, the court decides to “consider the will opened and read, and to issue inheritance certificates to the heirs who request them.”
Since the legal remedies are open and subject to appeal, this decision must become final.
Even if the terms “enforcement” or “implementation” are not used, if the decision states that the will has been opened and read and that all heirs have not objected or that any objections and lawsuits have been resolved, this decision is an enforcement decision and is enforceable. The fact that it states that certificates of inheritance shall be issued to those who request them also reinforces this view.
