2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 214 Inheritance Law (reference) - TITLE ONE - General Provisions (LACDM)

1. This law governs the filing and preservation of wills and similar documents.

2. It also regulates the opening of wills and similar documents.

3. Lastly, it governs the competencies and procedures regarding

b) the issuance of certificates of inheritance as provided in Article 559 of the Civil Code.

This law applies to all estates opened in the canton.

1. The notary is exclusively authorized to receive holographic wills for deposit within the meaning of Article 505, paragraph 2 of the Civil Code.

2. The notary issues, at the request of the testator or their representative who desires it, a private deed of deposit certificate; they provide this certificate to the requester.

3. The notary keeps a copy which is maintained in the alphabetical register of acts concerning death and similar acts that they receive in deposit.

1. Only the testator may withdraw their holographic will.

2. This withdrawal may take place by means of a power of attorney or a written declaration, bearing the legalized signature of the testator.

3. The notary issues a certificate of withdrawal under private signature, which they deliver to the testator or their representative.

4. The notary retains a copy which is kept in the alphabetical index of acts of mortis causa and similar acts that they receive in deposit.

Other acts due to death and similar acts are

f) agreements on an unopened succession (Art. 636 CC).

The preservation and issuance of acts upon death and similar acts executed in authentic form are subject to the provisions of the Notarial Law (LN), dated August 26, 1996 [4].

1. The notary prepares a certified copy of the acts listed in Article 5, letters a to e, intended for filing.

2. The certified copy is treated like holographic wills.

Only the notary and the commission notary may withdraw the filed expedition.

1. The notary is competent to receive in deposit agreements concerning successions that are not yet opened.

2. The notary issues, at the request of the testator or their representative who desires it, a certificate of deposit under private signature; they provide this certificate to the requestor.

3. The notary retains a copy, which is kept in the alphabetical register of acts concerning death and similar acts that they receive in deposit.

1. Only the depositor can withdraw the pact concerning the uninitiated succession.

2. This withdrawal can take place through a power of attorney or a written declaration, accompanied by the depositor's authenticated signature.

3. The notary issues a private withdrawal certificate, which is delivered to the depositor or their representative.

4. A copy is retained by the notary, kept in the alphabetical directory of acts related to death and similar acts that he receives in deposit.

Acts of mortis causa and similar acts are kept by the notary under their responsibility.

Acts concerning cause of death and similar acts must be deposited in the name of the notary with a banking institution subject to the Federal Law on Banks and Savings Banks (Banking Law, BL) of November 8, 1934 [5].

Acts in contemplation of death and similar acts must be announced within ten days of their entry in the central register of wills maintained by the Swiss Federation of Notaries.

1. The notary shall maintain an alphabetical register of all acts of mortis causa and similar acts received in deposit.

2. This register shall include the name, maiden name, first name, date of birth, origin or nationality and place of birth for foreign nationals, the domicile of the testator and the parties to the act, as well as the date of registration in the central register of wills and the certificate of withdrawal of the deposit.

The withdrawal of a mortis causa act or a similar document must be promptly reported by the notary to the central registry of wills.

Upon termination of duties, the notary who takes over the processing of acts related to death and similar acts is not civilly liable for any damages that may result from the prior activities of the notary whom they are replacing.

1. The notary is the competent authority for the delivery and opening of wills within the meaning of Articles 556 and 557 of the Civil Code.

2. The notary is also the competent authority for the delivery and opening of other acts mortis causa and similar acts.

Acts of disposition upon death and similar acts deposited with the notary must be recorded in the information systems (hereinafter: the file) within ten days following the registration of the death in the file.

1. The notary shall notify the executor of the will in writing of the mandate conferred upon them by the deceased.

2. The executor of the will may refuse this mandate by a written declaration made to the notary.

1. The heirs whose names are listed are summoned to the opening of acts pertaining to death and other similar acts.

2. The summons is limited to heirs whose addresses are known.

3. The notary may summon other heirs known to them.

4. The executor of the will is also summoned.

1 The notary may grant the legal heirs provisional possession of the estate's assets if the District Court does not order an official administration of the estate or if there is no executor of the will.

2. The notary and the District Court shall consult with each other if necessary.

1. The notary sends to the legal heirs and instituted heirs, as well as to the executor of the will, a copy of all acts of mortis causa and similar acts opened.

2. The legatees receive from the notary a copy of only the provisions concerning them.

3. The notary affixes his seal on each copy.

At the request of the executor, the notary issues an executor's certificate to them.

1. If several notaries hold in deposit acts concerning death and similar acts established by the same person, the competent notary to proceed with security measures is the one who holds the most recent act registered within the time frame of Article 18.

2. If no registration takes place within this time frame, the competent notary is then the one who registered the first act.

3. The other acts in deposit are transmitted to them without delay and automatically by the notaries who hold them.

1. The notary is the competent authority within the meaning of Articles 580 et seq. of the Civil Code (CC).

2. The notary receives the request for benefit of inventory and prepares the inventory.

If there are acts concerning cause of death or similar acts, the notary competent to carry out the operations of the benefit of inventory is the one who conducted their opening.

The notary renders the decisions that the procedure of benefit of inventory involves and that the civil code assigns to the authority.

The notary keeps a register of inventory benefits.

The notary sets the advance on costs for which he requests payment from the applicant.

1. The notary takes the necessary measures to ensure that the securities and displayed objects are kept in a safe place.

2. Objects that are costly to preserve are sold by the notary at public auction or, if justified, by private sale.

3. If circumstances require, particularly if it is necessary to continue the commercial, industrial, or agricultural operation of the deceased, the notary may petition the Court of First Instance for the appointment of a curator.

1. The notary provides for the public summons, which takes place through two insertions in the Official Gazette of the Republic and Canton of Neuchâtel, without prejudice to more extensive publicity when it appears necessary to them.

2. The Notarial Council regulates the content of the publication.

Upon the expiration of the notice period and, if applicable, after the liquidation of the matrimonial regime, the notary shall prepare an inventory of the assets and liabilities of the estate, in accordance with the provisions of the law concerning the introduction of the Swiss Civil Code (LI-CC) of March 22, 1910 [6], relating to inventories.

1. The notary communicates the inventory to each of the heirs as well as to the executor of the will.

2. This communication starts the time period for taking a position.

The notary informs the interested parties of the closure of the inventory and sets a deadline for them to review it.

The notary is competent to restore or extend deadlines regarding the benefit of inventory.

The heirs take action

a) with the District Court in the event of renunciation or a request for official liquidation of the estate;

b) with the notary in other cases.

1. The notary is the competent authority for the issuance of the certificate of inheritance.

2. This attestation of heirship may be requested by legal and instituted heirs.

1. Persons who are authorized to do so may oppose the issuance of the certificate of inheritance by making a written declaration to the notary.

2. The notary decides on the opposition.

3. The notary notifies his or her decision to the persons who have received communication of the acts.

The certificate of inheritance is drawn up in authentic form.

1. The Council of State designates the administrative authorities that are the recipients of the certificate of inheritance.

2. They are issued an official copy.

1. The Recusal of a Notary occurs in accordance with the provisions of the Civil Procedure Code (CPC) of December 19, 2008 [7], when the notary acts as an authority within the framework of security measures that fall under their jurisdiction (chapters 1 to 3 above exclusively).

2. Being appointed as an executor of a will constitutes a mandatory ground for recusal.

In the event of a recusal, the acts are immediately and officially transferred to another competent notary to handle them.

[8] 1 The notary is bound by official secrecy when acting as an authority.

2. The notary cannot testify in court as a party, witness, or expert on facts of which he became aware in his capacity as an authority, except with the written authorization of the Council of State.

3. This authorization remains necessary for a notary who ceases to practice as a public officer.

4. Authorization may be refused if significant public or private interests require it.

5. The same rules apply to the production of documents and the issuance of attestations.

Notaries, judicial authorities, and administrative services designated by the Council of State may, to the extent necessary for the fulfillment of their legal duties

a) process sensitive data and personality profiles (hereinafter: data) and, in particular, make them accessible online to the extent explicitly provided for by this law or a decree of the Council of State;

b) communicate the data in electronic form, provided that an adequate level of protection against any unauthorized processing is ensured.

It is prohibited to process data on

c) racial membership.

Sensitive data and personality profiles may not be retained for more than ten years.

1. Notaries and administrative services from which data may be collected are required to communicate such data at no cost.

2. Exceptions to the rule of free communication are defined by the Council of State.

Files are operated as standalone applications or on the State's single secure portal platform.

1. Data is retained as long as it is necessary.

2. Data that is no longer necessary is deleted.

3. The data referred to in paragraph 2 is offered to the State archives along with the related documents.

4. Data that the State archives deem to be without archival value is destroyed.

The department designated by the Council of State (hereinafter: the department) is the custodian of the files established to carry out the tasks arising from this law.

The department manages the files containing the data necessary for the constitution of

4. the list of certificates of inheritance established by the notaries of the canton.

For each file, the Council of State defines

f) their archiving and destruction.

1. The Notarial Council shall establish the necessary forms for the execution of this law.

2. The use of these forms is mandatory.

1. The minutes of acts of mortis causa and similar acts are preserved in the minute books.

2. They follow the fate of notarial archives.

1. In the event of the termination of a notary's activities, the handling of acts upon death and similar documents managed by the notary is taken over by another notary.

2. At the same time as affixing his signature to the register, the notary communicates to the chancellery the name of the successor notary.

3. The notary may designate another successor notary during his tenure by informing the chancellery of this change.

1. The notary has 10 days from the communication by the chancellery of a notarial cessation of activity to refuse this acquisition.

2. In case of refusal communicated to them or inability, the chancellery entrusts the notary who last received their seal to take over the processing of acts causa mortis and similar acts of the notary who ceased activity.

3. This notary cannot refuse.

1. Alphabetical Indices of Acts of Mortis Causa and Similar Acts are Transmitted to the Successor Notary.

2. The Registers of Inventory Benefits Follow the Fate of Notarial Archives.

1 The notary transmits the alphabetical directories to the State archives once all the acts concerning death and similar acts listed therein have been subjected to withdrawal or opening procedures.

1. For notarial archives that are already deposited in the State archives, the directory of acts of succession is maintained by the service designated by the Council of State.

2. In the event of death, the service communicates to the State archives the existence of the testamentary dispositions contained in the notarial archives deposited in the State archives.

3. The State archives submit a certified copy at the expense of the estate to a notary selected according to an alphabetical rotation.

The emoluments and main fees related to the processing of acts due to death and similar acts are subject to the provisions of the LN.

The provisions of the LN are applicable as supplementary law to notaries acting as an authority within the meaning of this law.

1 The decisions of the notary acting as an authority under this law may be appealed to the Cantonal Court.

2. The appeals procedure is governed by the CPC.

1. The notary who has been authorized to retain the notarial archives of another notary must, within two years from the effective date of this Act, produce a certified copy of each act upon death or similar act contained in the minute books in their custody.

2. They treat these certified copies as holographic wills.

The notary shall do the same and within the same time frame with deeds relating to death and similar acts contained in his own minute book.

1. The notary must execute at least a quarter of the work required to adapt acts of death and similar acts to the new law each semester.

2. Every six months, the notary submits a brief report to the Notarial Council on the progress of this work.

**The Notary in Office**

The notary in office must, within three months following the entry into force of this law, communicate to the chancellery the name of the succeeding notary.

1. The registry of the District Court, within a period of two years from the entry into force of the present law, must transmit the documents it holds in deposit to the notary chosen by each depositor.

2. If, within the allotted time, a depositor does not respond, the registry of the District Court transmits the documents on deposit to a notary chosen according to an alphabetical rotation.

Until the transfer of the deeds is completed, the registry of the District Court continues to manage the remaining filings and, in the event of death, transmits the deeds to a notary chosen according to an alphabetical rotation.

1 Before transmitting the acts on deposit to the notaries, the registry of the District Court must announce them to the central register of wills maintained by the Swiss Federation of Notaries.

2. The resulting costs are to be borne by the State.

1. The District Court is the competent authority to take the necessary measures to ensure the devolution of the inheritance of estates that were opened in the canton until December 31, 2010.

2. As of January 1, 2011, it is no longer competent to issue inheritance certificates.

1. This law is subject to an optional referendum.

2. The State Council shall provide, if necessary, for its promulgation and execution.

3. It shall set the date for its entry into force.

Law promulgated by the State Council on December 15, 2010.

The entry into force is set to take effect on January 1, 2011.