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Publication date: 14.04.2024
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The execution of a will in Ukraine, drawing up a will is regulated by the Civil Code of Ukraine. The main requirements for a will are as follows:
Form of will: It must be expressed in writing.
Legal capacity: A will can be made only by a person who has legal capacity (that is, the ability to make a conscious will).
Signature and date: The will must be signed by the person making it and must include the date it was made.
Witnesses: The will is usually accompanied by witnesses who confirm that the will was made freely and knowingly. The law determines the number of witnesses who must be present at the signing of the will.
Disposition of property: A will may specify how property is distributed after a person's death.
Revocation or variation: A will can be revoked or varied by the person who made it at any time by a new will or a special instrument of revocation.
If you have questions about how to make a will, it is recommended to contact a notary or a legal consultant for detailed information and legal assistance.
Thus, in the conditions of martial law in Ukraine, notarial actions are carried out taking into account the provisions of the resolution of the Cabinet of Ministers of Ukraine "Some issues of notary in the conditions of martial law" dated February 28, 2022 No. 164 with the relevant changes and additions. This regulation may contain specific requirements and procedures to be followed by notaries and citizens during martial law.Such requirements may concern, for example, documents that are subject to notarization, the procedure for registering wills or other deeds, as well as ensuring the safety and reliability of notarial acts in wartime. This is aimed at ensuring the legal order and security of citizens in crisis conditions.
Under martial law in Ukraine, as in normal times, a will can be notarized by a notary, however, there may be specific conditions or restrictions that must be taken into account.
Usually, notaries have special instructions and procedures for working in crisis or martial law to ensure the security and reliability of deeds. Such measures may include additional checks on applicants or the use of special identification procedures.
In any case, it is recommended to contact your local notary or the relevant authorities for up-to-date information on the procedures and conditions for the probate of a will under martial law.
Thus, according to the Civil Code of Ukraine, there are some special cases when a will can be certified by specially authorized officials:
In a settlement where there is no notary public, the will can be certified by an official authorized to do so by the relevant local self-government body.
The will of a person undergoing treatment in a hospital, hospital, or other inpatient health care facility may be certified by the chief physician, his deputy from the medical department, or the on-duty physician of this facility.The will of a person who is on board a sea or river vessel flying the flag of Ukraine may be certified by the captain of this vessel.
The will of a person who is on a search or other expedition can be certified by the head of this expedition.
In the conditions of military deployment, the will of a serviceman and other persons may be certified by the commander of a military unit, unit, institution or military educational institution.
The will of a person detained in a penal institution or remand prison may be certified by the head of such an institution or the head of a remand prison.
In all these cases, the certification of the will is carried out by competent officials in order to ensure the legal protection of the person making the will, in cases where access to a notary or other authorized person is limited.
Thus, in accordance with the current legislation of Ukraine, a serviceman who is within the boundaries of a military unit can make a will, which is certified by the commander of the unit. It can be convenient and necessary in conditions when a serviceman is on the front line or is in the conditions of a military operation.
This possibility of making a will is one of the measures to ensure the legal protection of military personnel in case of danger to their life and health. The commander of the unit, certifying the will, confirms its authenticity and importance for the serviceman.
An important part of a military will is not only the disposal of property, but also instructions regarding children, family and other personal issues that may arise in connection with the death of a serviceman.
