Publication date: 21.03.2024
Everyone deals with the institution of inheritance at some point in their life. With the emergence of private property, individuals can be either heirs or testators.
Inheritance by will is one of the ways to transfer rights and obligations after a person's death. Ukrainian legislation contains clear rules regarding inheritance by will, which should be taken into account when creating and executing a will. Let's consider the main aspects of inheritance by will in Ukraine and the procedures that need to be followed for its execution.
GENERAL PROVISIONS ON WILLS
What is a will ?
A will is a personal disposition of a person in the form of a document in which the person determines how their property should be distributed after death. For a will to have legal force, it must be drawn up in compliance with requirements regarding its form and certification.
How is a will formalized?
A will is a written document personally signed by the testator. The will must specify the place and time of its preparation, and it must be certified by a notary public.
How to write a will ?
The document should be titled "Will", written legibly, and the number of copies of the will should be indicated (if you are writing a will in a combat zone, indicate who holds the copies of the will). Describe in detail to whom and what property you bequeath. If you have identifying information about movable or immovable property and heirs, specify it. You do not need to worry about the correctness of legal wording, the main thing is to identify the property and heirs in detail.
In case of inability to personally sign or notarize the will, the legislator has provided a corresponding procedure.
Thus, another person may sign the will in the presence of the testator, whose signature is certified by a notary public.
How to certify a will in the absence of a notary?
In the absence of a notary, the will can be certified by witnesses, who may be: a local council official; the chief doctor or duty doctor of a hospital or other healthcare institution, the director or chief physician of a nursing home for the elderly; the captain of a maritime or river vessel; the head of a search or other expedition; the commander of a military unit or military formation; the head of a penitentiary institution; the head of a detention facility; consuls and ambassadors of Ukraine in other countries.
On the confidentiality of the will
Persons who become aware of the fact of the will's preparation and its content during its preparation are not entitled to disclose such information. If the testator wishes that no one knows the contents of the will, the testator can write a secret will. Such a will is certified by a notary without being familiar with its contents.
RIGHTS AND OPPORTUNITIES OF THE TESTATOR IN DRAWING UP A WILL
Who can be heirs?
The testator has the right to appoint any persons as his heirs regardless of family ties. Legal entities can also be heirs by will.
On the compulsory share in the inheritance of the closest relatives in need of social protection
The legislator guarantees the right to receive a compulsory share in the inheritance to minors, incapacitated children of the testator, the incapacitated second spouse, and incapacitated parents. Such compulsory share is half of the share that would belong to each of them in case of equal distribution of all property among them as heirs by law.
On the right to impose other obligations on heirs
The testator has the right to instruct the heir or heirs to perform certain actions at the expense of the inherited property in favor of a person who is not an heir, or to transfer to such person ownership or use of a specific property or right determined by him. In particular, in the event of the heir's acquisition of real or personal property, the testator may impose on such heir the obligation to grant the right to use the property to a person determined by the testator. Such right is not inherited and cannot be alienated, but it is preserved in case of subsequent sale of the inherited property.
The testator may require the heir to perform actions of a non-property nature.
On the will with a condition
The testator has the right to link the acceptance of certain property in inheritance by a person with the presence of a specific condition, which must exist at the time of his death. The person may not know about the specific condition, and its occurrence may not depend on his will.
On the right of the spouse to make a will
Spouses can make a joint will regarding jointly acquired property during the marriage. According to the joint will, the share of the jointly acquired property after the death of one of the spouses passes into the ownership of the other spouse. And after the death of the last spouse, all property that was jointly acquired by the spouses is inherited by the persons determined by the spouses by their joint consent.
On the right to bequeath a specific part of the property
It is possible to making a will for a part of the testator's property. Then the other part of the property, which was not covered by the will, will be inherited according to the law on general grounds.
On the right to cancel or change a will
The testator who made a will can cancel it at any time and make a new will. Even if the testator does not cancel the previous will but makes a new will for the same property, the previous will shall not have legal force. In addition, the testator can make changes to the drawn-up will at any time. There may be a case where the last will is declared invalid, in which case the previous will does not come into effect.
On the recognition of a will as invalid
The invalidity of a will can be recognized by a court only upon the claim of an interested party. If the will is drawn up in violation of the requirements for its form and certification, it is not legally binding and is void.
CONCLUSION
Thus, inheritance by will and the drafting of a will are an important aspect of civil law that provides the testator with wide opportunities to dispose of his property after his death. Proper drafting of a will allows not only to determine heirs but also to take into account their individual needs and fulfill the personal wishes of the testator.
