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Changes of the Provisions on Public Notaries and the National Register of Wills in Hungary

Changes of the Provisions on Public Notaries and the National Register of Wills in Hungary

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A bill on the amendment of the Public Notaries Act and certain judicial acts is currently under administrative discussions. 

A new rule of the bill is that not only a Hungarian citizen may be become a public notary, a junior public notary or a member of a public notary office, but the citizens of any member states of the European Union or the European Economic Area. The bill would introduce the exam of the public notaries, the detailed rules of which will be included in a ministerial decree. In addition, the bill specifies the new provisions of the deposit of wills at public notaries and expressly indicates that the public notary is liable for the custody of wills. 

As to the preparation of the authentication proceeding, the bill contains that the public notary requests for information about a possible will of the testator from the National Register of Wills as well as about a possible marriage contract of the testator from the Register of Marriage and Partnership Contracts. 

According to the bill, at the time of deposit of a will in the Archives of the Hungarian Bar Association, the testator shall be informed on the process of his personal data in accordance with the Information Act. Furthermore, in case of adopting the bill, until 31 December 2017 the Hungarian Bar Association shall transfer the data of the wills deposited in the Archives of the Hungarian Bar Association to the Hungarian Chamber of Notaries Public keeping the National Register of Wills.

By Levente Csengery, Partner, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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