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Publication date: 24.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The right to a will: basic provisions
A will is an important legal document that regulates the distribution of a person's property after his death. Here are the main aspects related to the right to a will:
- A natural person who has reached full legal capacity has the right to make a will. This means that a person must be able to understand the meaning of his actions and the consequences they may have.
- The will must be drawn up personally by the testator. The law does not allow making a will through a representative, which ensures that the will of the testator is clearly reflected in the document. This ensures that the will reflects the real intentions of the person without the influence of outsiders.
- Making a will in person helps to avoid disputes and misunderstandings about its validity. Compliance with the requirements for the right to a will is necessary to ensure the legal force of the document and to realize the wishes of the testator after his death.
Basic provisions regarding inheritance by will
A will gives the testator ample opportunity to distribute his property after death. Here are the key aspects regarding the appointment of heirs and the right to inherit:
- The testator can appoint one or more natural persons as his heirs, regardless of the presence of family or family ties.
- The testator has the right to deprive any person from among the legal heirs of the right to inheritance without explaining the reasons. In this case, this person will not receive an inheritance.
- The testator cannot deny the right to inheritance to persons who have the right to a mandatory share (for example, children or spouses). These persons retain their rights regardless of the will of the testator.
- If a person deprived of the right to inherit dies before the testator, this deprivation becomes invalid. Her children (grandchildren) can inherit on general grounds.
Knowledge of these provisions is important for understanding the rights of the testator and heirs, which ensures the correct distribution of the inheritance in accordance with the intentions of the testator.
Drafting a will
A will is an important legal document that governs the distribution of property after the testator's death. Here are the key aspects related to its composition:
- The will must be drafted in such a way that its instructions are clear and do not cause misunderstandings or disputes after the opening of the inheritance.
- The will is drawn up and certified in two copies: one remains with the testator, the second is transferred to the state notarial archive at the place of residence of the testator.
- The notary checks the will for compliance with the requirements of the law and the absence of conflicting orders.
- Property can be bequeathed only in ownership. The testator has the right to determine to whom and how his property is transferred.
- The testator can establish conditions for the right to inheritance, which may be related to the behavior of the heir or other circumstances (for example, living in a certain place, birth of a child).
- Terms contrary to the law or the moral principles of society are null and void.
- The will may contain orders of a non-property nature, for example: determining the place and form of the burial ritual, appointing guardianship over a minor, or actions aimed at the implementation of a certain socially useful goal.
Question
Is it necessary to certify a will at a notary public?
Answer
Certification of a will by a notary is an important stage in the process of registration of inheritance rights. A notary can certify a will that: is written by the testator's own hand, drawn up using generally accepted technical means (for example, a computer). The notary has the right to write down the will from the testator's oral words at his request. In such a case: the will must be read aloud by the testator, the testator signs the will after reading it. The process of certifying a will by a notary ensures the legal validity of the document and guarantees that the will of the testator will be respected.
Question
Who besides a notary can certify a will?
Answer
The will of persons who are in a hospital or other inpatient health care facilities can be certified by: the chief physician, the deputy chief physician from the medical department, the doctor on duty. Persons who are on a sea or river vessel under the Ukrainian flag can certify their will to the captain of the vessel. For persons participating in search or other expeditions, the will can be certified by the head of the expedition. The will of servicemen at the deployment points of military units, where there is no notary, can be certified by the commander (chief) of the unit, unit or institution. Persons who are in a penal institution can certify their will to the head of this institution. The will of persons detained in a pretrial detention center may be certified by the head of the pretrial detention center.
Testamentary refusal: basic provisions
A testamentary disclaimer is an important tool in a will that allows the testator to determine specific dispositions of his or her property. Here are the key aspects of a disclaimer:
- The testator has the right to make a testamentary disclaimer in his will, which allows him to designate a person to whom certain property or rights will be transferred.
- Recipients can be both persons who are heirs by law, and those who are not included in this number.
The subject of the refusal may be the transfer of ownership or other real property rights, as well as things that are or are not part of the inheritance.
- The testator can impose on the heir the obligation to grant the beneficiary the right to use a residential building, apartment or other property. This right is preserved even in the event of a change of ownership.
- The right of use granted to the indemnifier cannot be alienated, transferred or transferred to the heirs of the indemnifier. Family members of the beneficiary may not live in the provided property, unless otherwise specified in the will.
- The heir, who is entrusted with a testamentary refusal, is obliged to fulfill it only within the limits of the real value of the property that passed to him, taking into account the share of the testator's debts.
Legal assistance on family matters when drawing up a will
Drafting a will can be a complex process, so the help of a family law attorney can be very helpful. Here are the main family law lawyer services:
Family law lawyer consultation: A family lawyer will explain the legislation on inheritance, conditions and requirements for a will, as well as the rights and obligations of the testator and heirs. A lawyer can help draft a will to avoid legal mistakes and misunderstandings. This includes identifying heirs, drafting conditions and dispositions. A family law lawyer can advise on the valuation of the estate to be inherited and explain how this will affect the will.
Family law attorney services: If there are inconsistencies in the will or conflicts between heirs, family law attorneys can provide advice and help resolve disputes. Family lawyers can accompany the process of notarizing the will, which will ensure compliance with all necessary procedures.
Legal advice on family matters: A family law lawyers can provide advice on what to do next after the testator's death, including probate procedures and protecting the rights of heirs. If the testator wishes to make testamentary statements, a lawyer will help them to correctly issue and formulate them.
Drafting a will is an important process that requires attention to detail and legal requirements. A properly executed will ensures the fulfillment of the wishes of the testator and minimizes the risk of disputes among heirs. Legal assistance in family matters when drawing up a will ensures the legal purity of the document, protection of the interests of the testator and heirs, and also minimizes the risks of conflicts in the future.
