Implementing Regulation of the Law on the Handling of Acts Mortis Causa and Similar Acts (IR-LHMA), 22 December 2010 - Department (AV-LER)

[2] The Department of Security, Digitalization, and Culture (hereinafter: the Department) is responsible for the implementation of the LACDM.

The department acts through the cantonal population service [3].

The State provides to notaries, upon request and at their expense

a) the alphabetical directory of acts of mortis causa and similar acts they receive for deposit;

b) the register of benefits of inventory.

The Real Estate and Inheritance Tax Office receives a copy of the certificate of inheritance at the expense of the estate.

[4] Authorized to process personal data in connection with the LACDM or to communicate data in electronic form are

i) notaries.

[5] 1 The catalog of processed data consists of

a) data relating to individuals according to the residents' registers;

b) the latest tax assessment of the deceased, as an individual or married person, from the tax department;

c) estate inventories filed within the framework of the predeceased spouse's succession;

d) data from the registers of the offices for debt collection and bankruptcy;

e) data from the civil court registry related to the LACDM (administration ex officio of the succession, renunciation by an heir, renunciation by all heirs and liquidation by the bankruptcy office, official liquidation, appointment of the representative of the hereditary community, inventory request, inventory closure);

f) the existence of instruments causa mortis and similar acts;

g) the executor of the will if the deceased appointed one.

2. Notaries and the civil court registry have full access to this data.

[6] The Information Technology Department of the Neuchâtel entity ensures the protection and security of the data.

[7] 1. The data is stored in the file for twenty years.

2. During this period, access to it is unrestricted.

[8] 1 At the end of the retention period, the data listed in Article 5a shall be offered to the State Archives Office (OAEN) in accordance with Article 7 of the Archiving Law (LArch) [9].

2. The data offered to the OAEN shall then be permanently deleted from the file through irreversible erasure.

[10] The department, through the cantonal population service [11], is the controller of the files established for the fulfillment of tasks arising from the LACDM.

The legislative and regulatory provisions relating to the single secure window (SSW) further govern access authorizations and the methods for establishing and executing files.

The real estate and inheritance tax office maintains the alphabetical register of acts pertaining to deaths in the case provided for in Article 59 LACDM.

1. This regulation shall enter into force on January 1, 2011.

2. It will be published in the Official Gazette and included in the Collection of Neuchâtel Legislation.