The Public Notary is Getting Two New Registers: the E-Testament and the Power of Attorney Register

October 07, 2022

The Public Notary is Getting Two New Registers: the E-Testament and the Power of Attorney Register

October 07, 2022

Nemanja Providžalo

Nemanja Providžalo

Senior Assosiate

Vanja Vučković

Trainee

As part of the digital transformation of the Serbian judicial system within Chapter 23 of joining the European Union process, the Serbian Government has announced the introduction of two new registers created with the support of the EU, which will be in the competence of a public notary.

This announcement includes the two digitalized registers: 1. Testaments and 2. Power of attornies (PoA). Its primary purpose is to increase the legal security of the citizens.

The idea of the E-Testament (the will register) is to create a unique register of all testaments made before the notary public and the court. In this way, before the probate process, on the one hand, notaries public and the court will be able to check if there is already an existing testament of a testator in the register and, on the other hand, to prevent any forgery, modification, destruction or loss of the will entered into the register.

The purpose of the PoA registry is to increase legal certainty in real estate transactions. Every public notary in front of whom a PoA is being used must first check whether a PoA is located in the digitalized register. This ensures control, especially if a PoA is canceled without being done in writing, and the principal does not have to consider the potential misuse of the POA. The idea is to have a singular register, which means that the point of sale of real estate does not have to be matched with the place of power of attorney certification.

One of the main perks of digitalization is that the power of attorney register will directly connect with the companies register held by Serbian Business Registers Agency, which will automatically terminate existing PoA if legal entities enter bankruptcy.

At this moment, there is no reliable information on when will the announced registries start oper-ating, but what is certain is that they can significantly increase the legal security of citizens.

In addition to these two registers, the E-Complaint service is about to be launched next year. Through this service, citizens can quickly and easily submit an online complaint without physically going to the Ministry of Justice.

This text is for informational purposes only and should not be considered legal advice. Should you require any additional information, feel free to contact us.

Contact:

Nemanja Providžalo, Senior Associate
nemanja.providzalo@sog.rs

Vanja Vučković, Trainee
vanja.vuckovic@sog.rs

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