Contesting a Romanian Inheritance When Some Heirs Live Abroad and the Will Is Disputed

When a person who owns property in Romania dies, their heirs often expect the succession to be a largely administrative exercise before a notary. In cross-border families, however, reality can be very different: the will is disputed, some heirs live abroad, others rely on Romanian intestacy rules, and suddenly a relatively straightforward notarial succession turns into contentious litigation spanning multiple countries. Romanian civil courts, notaries, foreign heirs and even foreign courts can all become involved.

This article explains how contesting a Romanian inheritance works when the will is disputed and some or all heirs live abroad. It is written for heirs, legatees and their advisers who need to understand if, when and how they can challenge a Romanian will, what evidence they should collect, what deadlines apply, and how international service of court documents works in practice.

We focus on three key pillars:

• Grounds to challenge a will under Romanian law (capacity, vices of consent, formal defects);
• Procedural steps and evidence in court proceedings to annul or limit the effects of a will; and
• Involving heirs abroad and serving court documents internationally, both within the EU and beyond.

The article assumes that Romanian law is applicable to the succession (as lex successionis), either because the deceased had their habitual residence in Romania or because of a choice of law under Regulation (EU) No 650/2012 on succession. Even where another law governs the succession globally, Romanian law will still govern rights in rem and procedure before Romanian courts and notaries.

Grounds to Challenge a Will (capacity, vices of consent, formal defects)

Under the Romanian Civil Code, a will is a unilateral, personal, solemn juridical act that transfers the estate (in whole or in part) upon death. Like any legal act, it must satisfy the general conditions for validity – capacity, valid consent, lawful and determined object and cause – and, in addition, it must comply with strict formal requirements specific to testamentary dispositions.¹

¹ See the Romanian Civil Code on the general validity conditions of legal acts and the specific regulation of wills as a solemn, personal act, viewed in doctrine as a complex juridical act.

Broadly, a Romanian will can be challenged on three main categories of grounds:

• lack of capacity of the testator at the time of making the will;
• vices of consent (error, fraud, violence, undue influence); and
• formal defects, i.e. failure to comply with the solemn form required by law.

1. Testamentary capacity under Romanian law

The testator must have the legal and mental capacity to make a will at the moment when the will is executed. Romanian law distinguishes between general legal capacity (age and lack of interdiction) and mental capacity (the testator must understand the nature and consequences of their act).

Key principles include:

• Age and legal capacity: in principle, only persons with full legal capacity (adults not placed under judicial interdiction) may make a will. Persons placed under full guardianship or with severely restricted capacity may lack the ability to make a valid testamentary disposition.
• Mental capacity at the time of the will: even if a person is formally legally capable, the will can be challenged if at the time of signing the will they were affected by a mental disorder or condition so serious that they could not understand and freely form their last wishes. Courts will typically examine medical records, witness testimony and expert psychiatric reports.
• Temporary incapacity: the fact that the testator suffered from an illness is not enough by itself; the court will try to determine whether, on the exact date when the will was executed, the person was lucid and aware. This is particularly important in terminal illness situations or for elderly testators.

Heirs contesting a will often argue that the deceased had dementia, serious psychiatric illness, or was heavily medicated when signing the will and therefore lacked the necessary mental capacity. The burden of proof lies with the claimant, but Romanian courts are willing to order medical expert reports and to reconstruct the medical history when credible doubts are raised.

2. Vices of consent: error, fraud, violence and undue influence

Like other civil law systems, Romanian law recognises several vices of consent that can invalidate legal acts, including wills: error, dol (fraud) and violence (threats or duress). These are regulated in the general part of the Civil Code on contracts and legal acts, and apply by analogy to testamentary dispositions.²

² See Romanian Civil Code provisions and doctrinal analysis on vices of consent (error, dol, violence) as causes of relative nullity of juridical acts.

In practice, the most relevant scenarios for contested wills include:

• Error: the testator was mistaken about essential elements, such as the identity of a beneficiary or the nature of the property being left. For example, the testator believed a certain person had cared for them or was a relative, when in fact this was untrue. If the error was decisive and excusable, it may ground an action for annulment.
• Fraud (dol): another person intentionally misled the testator, by lies, concealment of relevant facts or manipulative behaviour, with the purpose of obtaining a larger legacy. Fraud may consist in isolating the testator from other heirs, controlling access to information, or misrepresenting legal consequences.
• Violence and undue influence: the testator signed the will under threats, coercion, or intense psychological pressure, for example where a relative or caregiver explicitly or implicitly threatened to withdraw care or support unless they were favoured in the will.

These defects of consent generally lead to relative nullity, which must be invoked within specific limitation periods (for example, three years from when the heir learned of the defect and of the will), as explained below. Courts examine all the circumstances: isolation of the deceased, dependency on a particular heir, language used in the will, discrepancies with previous dispositions, and behaviour of the beneficiary after signature.

3. Formal defects of Romanian wills

Romanian law allows several forms of wills, but in practice two are most common:³

• Holographic (handwritten) will: must be entirely written, dated and signed by the testator. Printed text with only a signature is not sufficient, and missing date or signature can entail nullity.
• Authentic will: made before a civil-law notary, who writes or reads the text, ensures that formalities are met, and records the act, which is then signed by the testator in the presence of the notary.

Other special forms (mystic/secret wills, privileged wills for exceptional circumstances) exist but are rare and subject to very specific requirements. Joint wills and agreements as to succession are in principle prohibited under Romanian law.⁴

³ See the European e-Justice Portal overview of wills in Romania, which describes holographic and authentic wills as the ordinary forms and explains the requirement that a holographic will be written, dated and signed by the testator and that authentic wills are executed before a notary.
⁴ The same e-Justice material notes that joint wills and agreements as to succession are prohibited in Romanian law.

A will can be challenged for formal defects such as:

• missing or incomplete signature of the testator;
• absence of a date on a holographic will, or a date that clearly does not correspond to reality;
• a holographic will that is partly typewritten or written by someone else, with only a handwritten signature by the testator;
• an authentic will where the notary did not comply with compulsory formalities (for example, did not read the will, there was no interpreter for a foreign-language speaking testator, formalities regarding blind or illiterate testators were not respected); or
• violation of prohibitions, such as a joint will in a single instrument signed by two spouses.

Some formal defects may result in absolute nullity (which can be invoked at any time), while others only lead to relative nullity with limitation periods. For example, Romanian legal guides indicate that wills may be contested for defects of consent within three years, whereas absolute nullity claims are not time-barred.⁵

⁵ See Romanian practice-oriented guides on contesting wills, which state that actions based on vices of consent are subject to three-year limitation periods, while absolute nullity may be invoked without time limit.

4. Material illegality and violation of forced heirship

In addition to capacity, consent and form, a will may be defective because its substantive content violates mandatory rules – most notably those on forced heirship and the reserved portion. Romanian law protects descendants, surviving spouse and privileged ascendants by granting them a reserved share of the estate, equal to half of what they would receive as legal heirs.⁶

⁶ See the European e-Justice Portal on succession in Romania, which defines the reserved portion as the part of the inheritance to which forced heirs (surviving spouse, descendants, parents) are entitled, even against the wishes of the deceased, and notes that it is generally half of their intestate share.

A will that leaves the entire estate to a single legatee, excluding children and spouse, will not be annulled in its entirety but can be reduced to restore the reserved shares. This is done via an action for reduction of liberalities and disinheritance clauses. While this is technically a different type of action than a classical challenge based on nullity, in practice heirs may combine them: for example, arguing both that the will is invalid for lack of capacity and, in the alternative, that even if valid, it must be reduced to respect their reserved shares.

Procedural Steps and Evidence

Understanding the grounds of challenge is only half the story. In cross-border cases, heirs must also navigate the Romanian procedural framework for contesting wills and successes, including interaction with notarial proceedings, competent courts, limitation periods and evidentiary rules.

1. Relationship between the notarial succession and judicial proceedings

In Romania, most successions are handled by public notaries. The notary identifies heirs, examines whether there is a will, applies the applicable succession law (Romanian or foreign under the EU Succession Regulation), and issues a certificate of inheritance used to register rights in the land book and other registries.⁷

⁷ See the European e-Justice Portal on succession in Romania, which explains that successions are generally dealt with by notaries who issue certificates of inheritance, and that courts intervene mainly in disputes.

When the validity of a will is disputed, two parallel planes must be distinguished:

• Notarial level: the notary may suspend or refuse to finalise the succession if there is an obvious dispute over the will or if court proceedings are already pending, and will typically direct the parties to court.
• Judicial level: only the courts can annul a will, declare it null, or order reduction of liberalities. The notary is bound by final court decisions and will adjust the succession accordingly once litigation is resolved.

In practice, it is common to file a lawsuit in front of the competent Romanian court while asking the notary to suspend their procedure. Once a final judgment has been obtained on the validity or reduction of the will, the notary resumes the succession and issues a certificate reflecting the court’s findings.

2. Competent court and applicable procedure

Jurisdiction in succession disputes is primarily governed by the Romanian Civil Procedure Code and, in cross-border cases, by the EU Succession Regulation (Reg. 650/2012) for EU-related aspects. As a rule, Romanian law provides that actions concerning succession (including the validity of a will) fall within the competence of the court where the deceased had their domicile in Romania at the time of death (typically the district court – judecătoria – of that locality).

In cross-border cases, the EU Succession Regulation designates as having jurisdiction the courts of the Member State of the deceased’s habitual residence at death, with some flexibility and the possibility of choice of forum.⁸ When the deceased had their habitual residence in Romania, Romanian courts will normally be competent to rule on the succession, including the validity of a will affecting Romanian property.

⁸ Regulation (EU) No 650/2012 establishes that, as a rule, jurisdiction lies with the courts of the Member State of the deceased’s habitual residence and that the law of that State applies to the succession as a whole, while allowing choice-of-law clauses in favour of the law of nationality.

The typical claim filed to contest a will is an action for annulment or declaration of nullity of the testament, sometimes combined with claims for reduction or partition. All heirs and legatees who might be affected by the outcome should be called to the proceedings, including those living abroad, so that the judgment is binding on them.

3. Limitation periods for contesting a Romanian will

Limitation periods depend on the nature of the defect invoked:

• Relative nullity (vices of consent, lack of capacity in certain cases): actions based on error, fraud, violence or other vices of consent are usually subject to a three-year limitation period, running from the date when the person entitled to sue became aware of the will and the cause of nullity. Romanian practitioners commonly refer to this three-year period for challenging wills due to defects of consent.⁹
• Absolute nullity (serious formal or substantive defects): when the will suffers from defects considered to entail absolute nullity – for example, violation of essential formal requirements – the action is typically not subject to a limitation period and can be brought at any time.
• Reduction of liberalities infringing the reserved share: actions to reduce gifts and legacies that infringe forced heirship are subject to their own limitation rules under the Civil Code, which often involve three-year terms from the opening of the succession or from knowledge of the infringement.

Proper characterisation of the defect (absolute vs relative nullity) is critical: if the court considers that a case is one of relative nullity but the limitation period has expired, the claim may be dismissed even if the facts are sympathetic. Legal advice should be sought early, particularly for heirs living abroad who may only learn of the will months or years after death.

⁹ Romanian legal practice notes that wills may be challenged for defects of consent within three years, while absolute nullity actions are not time-barred.

4. Building the evidentiary file

Successful will contests are usually decided on evidence rather than pure legal argument. In inheritance disputes with heirs abroad, collecting and preserving evidence promptly is crucial, as witnesses may be scattered across countries and documents may be lost or become inaccessible.

Typical categories of evidence include:

• Civil status documents: death certificate, marriage certificates, birth certificates of heirs, proof of domicile of the deceased and heirs.
• The will itself and notarial records: original testament, copies, notarial minutes for authentic wills, registration information, and any other testamentary documents (codicils, revocations) that may exist in Romania or abroad.
• Medical records: hospital files, GP records, psychiatric evaluations, prescriptions, medical reports showing mental state, especially for the period around the date of the will. In cross-border situations, this may involve obtaining medical documents from foreign healthcare providers.
• Witness testimony: relatives, neighbours, caregivers, and the notary or lawyer who drafted the will may testify about the testator’s mental condition, independence, and the circumstances of signing.
• Expert reports: forensic handwriting expert opinions in cases of suspected forgery or disputed holographic wills, and psychiatric expert reports reconstructing mental capacity.
• Documentary evidence of influence or coercion: emails, messages, letters, recordings or financial records showing manipulation, isolation tactics or sudden changes in estate planning when a particular heir controlled access to the testator.

Heirs living abroad should be prepared to cooperate with Romanian courts in providing evidence: participating in hearings remotely where permitted, giving written statements or affidavits, and authorising Romanian counsel to obtain documents on their behalf.

5. Interplay with foreign law and foreign proceedings

In cross-border estates, it is common for parallel proceedings to take place abroad – for example, probate in the country of habitual residence, or actions to recognise a will in another jurisdiction. Romanian courts may need to consider the effect of foreign decisions and foreign law on the validity and interpretation of the will.

Some examples:

• If the will was made abroad in a foreign form, Romanian courts may need expert evidence on whether it was validly executed under the foreign law, taking into account the 1973 Hague Convention on the Form of Testamentary Dispositions, to which Romania is a party.
• If a foreign court has issued a decision on the validity of the will or on the status of heirs, that decision may need to be recognised in Romania under the EU Succession Regulation or bilateral/multilateral treaties.
• Conversely, judgments of Romanian courts annulling a will or adjusting shares may need to be recognised and enforced abroad so that foreign registries and banks can update their records accordingly.

This interplay underscores the importance of choosing a coherent litigation strategy from the outset and avoiding contradictory positions in different jurisdictions.

Involving Heirs Abroad and Serving Court Documents Internationally

One of the most complex aspects of contested Romanian inheritances is ensuring that heirs and legatees living abroad are properly involved in the proceedings. Failure to notify them correctly may render judgments vulnerable to challenge and can delay or complicate later recognition abroad.

1. Identifying and joining all interested parties

In a typical will contest, the main parties are:

• the claimant heir(s) challenging the will (for example, children or spouse who feel unfairly treated or suspect wrongdoing);
• the legatees or heirs who benefit under the disputed will (often one or two persons who receive the bulk of the estate); and
• any other legal heirs whose shares might be affected, even if they support the will or remain neutral.

Romanian procedure requires that all persons with a direct interest in the validity of the will be called to the proceedings. If some heirs live abroad, their addresses must be accurately identified – which may involve checking foreign population registers, consular records or relying on information provided by family members.

If the address of a foreign heir is unknown, and reasonable efforts to identify it fail, Romanian courts may resort to public summons or other substitute service, but this is always a last resort and may complicate recognition abroad. Where at all possible, precise foreign addresses should be obtained and kept up-to-date.

2. Serving court documents on heirs in other EU Member States

When heirs reside in another EU country, excluding Denmark, the service of court documents in civil and commercial matters (including inheritance and will contests) is governed by Regulation (EU) 2020/1784 on the service of documents.¹⁰ This regulation, which replaced Regulation (EC) No 1393/2007, establishes a streamlined system of transmitting judicial and extrajudicial documents between Member States.

¹⁰ Regulation (EU) 2020/1784 lays down rules on the service of judicial and extrajudicial documents in civil or commercial matters between EU Member States and aims to simplify, modernise and digitalise cross-border service procedures.

Core features relevant to contested inheritances include:

• Transmitting and receiving agencies: each Member State designates authorities (often courts or bailiff offices) that send and receive documents from other Member States.
• Standard forms and languages: the regulation provides standard request forms and language rules; addressees must be informed of their right to refuse a document not written in a language they understand or the official language of the receiving State.
• Electronic communication: the recast regulation promotes the use of modern communication technologies and, in the future, a decentralised IT system for cross-border transmission.
• Alternative channels: subject to conditions and declarations, service may also be effected by post or direct service by judicial officers.

In practice, a Romanian court seised of a will contest will send documents (statement of claim, summons, supporting documents) to the competent transmitting agency, which then forwards them to the receiving agency in the heir’s Member State. Once service is effected according to local rules, a certificate of service is returned to the Romanian court.

3. Serving court documents on heirs outside the EU: Hague Service Convention and diplomatic channels

For heirs who live outside the European Union, service of Romanian court documents will often be governed by the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Service Convention), where both Romania and the other State are parties.¹¹

¹¹ The Hague Service Convention applies whenever there is occasion to transmit a judicial or extrajudicial document abroad in civil or commercial matters, and establishes a central authority mechanism and alternative channels to ensure that documents are brought to the notice of the addressee in sufficient time.

Under the Hague Service Convention:

• each State designates a Central Authority that receives requests for service from other States;
• the Central Authority arranges for service according to its domestic law, often through bailiffs or other competent officers;
• once service is accomplished, a certificate is returned to the requesting authority, confirming the method, place and date of service; and
• the Convention allows, under certain conditions and subject to declarations, alternative methods such as postal service or consular/diplomatic channels.

Where the State of residence of the heir is not party to the Hague Service Convention, Romanian courts may have to use diplomatic channels and letters rogatory, a slower and more formal method which involves transmission through foreign ministries and local courts in the destination State.

In both cases, careful planning is needed because international service can take several months. Courts will usually take this into account when setting hearing dates, but parties must avoid unnecessary delays in providing complete addresses and translations.

4. Language and translation issues

International service of documents almost always raises language questions. Under both the EU Service Regulation and the Hague Service Convention, addressees may have the right to refuse a document not written in a language they understand or in an official language of the receiving State.

Consequently, in contested Romanian inheritances with heirs abroad, it is prudent to:

• budget for certified translations of key documents (statement of claim, summons, essential annexes) into the language of the heir’s country of residence;
• ensure that translations are done by sworn translators where required, especially for official service via central authorities; and
• explain in the covering correspondence the significance of the documents and the consequences of failing to respond, which may later help rebut claims of unfair surprise.

Heirs abroad who receive Romanian court documents should seek prompt legal advice, both locally and in Romania, to understand their rights and obligations, the deadlines to respond, and whether they can participate remotely.

5. Participation of heirs abroad in Romanian court proceedings

Historically, heirs living abroad were required to appoint a Romanian lawyer and often a local representative to receive service of documents. While this is still the normal practice, Romanian courts have increasingly accepted the use of modern technologies, such as video hearings, particularly after the Covid-19 pandemic.

In practical terms:

• foreign heirs usually grant a power of attorney to a Romanian lawyer (often signed before a foreign notary and legalised/apostilled) to represent them in court;
• they may also authorise the lawyer to receive service of further documents at a Romanian address, simplifying subsequent notifications; and
• in some cases, courts allow parties to appear by videoconference for hearings, without travelling to Romania, though this depends on court facilities and judicial discretion.

Even when represented by counsel, heirs abroad should remain actively involved: providing evidence, answering questions, and taking decisions on settlement offers or procedural steps.

Putting It All Together: Strategy in Cross-Border Will Contests

Contesting a Romanian inheritance when some heirs live abroad and the will is disputed is rarely a simple “yes/no” question. It is a strategic exercise that combines substantive succession law, the law of wills, civil procedure, and international judicial cooperation. Some key strategic considerations include:

• Clarify the applicable law and jurisdiction early: Is Romanian law applicable to the succession, or has the deceased chosen another law under the EU Succession Regulation? Which courts have jurisdiction? Are there parallel proceedings abroad?
• Assess the strength of the grounds: Is there credible evidence of lack of capacity, vices of consent or serious formal defects? Are there medical records, witnesses, or documents supporting the claim, or is the case based mainly on suspicions?
• Mind the limitation periods: Have the three years for relative nullity or reduction actions already started running? When did the claimant discover the will and the alleged defects?
• Map all interested parties: Who are the legal heirs, and where do they live? Which legatees stand to gain or lose from the challenge? Are there minors or vulnerable persons whose interests need special protection?
• Plan international service and translations: How much time and cost will be involved in serving documents in the relevant countries? Are these countries in the EU, parties to the Hague Service Convention, or subject to bilateral treaties?
• Consider settlement options: In many cases, especially where evidence is uncertain, negotiated solutions that adjust shares, recognise certain claims or create buy-out mechanisms can be preferable to years of litigation with uncertain outcomes.

A carefully designed strategy, combining legal analysis with pragmatic considerations, can make the difference between a costly, protracted dispute and a manageable adjustment of inheritance rights that respects both the testator’s wishes and the legitimate interests of heirs.

Conclusion

The number of families with connections to Romania and to one or more foreign countries is increasing every year. When such a person dies leaving a disputed will, and some heirs live abroad, the succession can quickly turn into a complex cross-border dispute. Romanian inheritance law offers tools to challenge wills on grounds of lack of capacity, vices of consent and formal defects, and to protect forced heirs through actions for reduction. At the same time, EU instruments like the Succession Regulation and the Service Regulation, as well as global instruments such as the Hague Service Convention, shape how foreign heirs are brought into the proceedings and how judgments circulate across borders.

For heirs abroad, the key messages are:

• act promptly when you learn of a will that seems suspicious or unfair;
• obtain qualified legal advice in Romania (and, if necessary, in your country of residence) before taking steps;
• gather and preserve medical, documentary and witness evidence early; and
• be prepared to navigate international service and translation requirements, which, though technical, are manageable with expert guidance.

For testators with cross-border families and Romanian assets, the best defence against future disputes remains a well-structured estate plan: a clear, formally valid will (or coordinated wills) that respects mandatory rules and is designed with cross-border succession mechanics in mind. Thoughtful planning now is far cheaper and less painful than contested inheritance litigation later.

Indicative sources and further reading

• Romanian Civil Code – official text on the Portal Legislativ
• European e-Justice Portal – Succession and reserved portion in Romania
• European e-Justice – Overview of wills in Romania
• Regulation (EU) No 650/2012 on jurisdiction, applicable law and recognition in matters of succession
• Regulation (EU) 2020/1784 on the service of judicial and extrajudicial documents
• 1965 Hague Service Convention – full text
• European e-Justice – Service of documents in civil and commercial matters
• Advocate Abroad – Contest a Will in Romania (practical overview)
• Explicativ.ro – Legal guide to challenging a will in Romania
• Maglas – articles on international succession and Romanian inheritance law