Publication date: 25.04.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
A will is one of the most important documents regulating the distribution of property after a person's death. The correct probate of a will is crucial to its validity and legal consequences. In the article, we will consider which persons have the right to witness a will in Ukraine, as well as analyze the key concepts related to the legal opinion and analysis of the situation by a lawyer or lawyer.
Persons who have the right to witness a will
According to the current legislation of Ukraine, a will can be witnessed by the following persons:
Notary Public: A notary public is the main official certifying a will. Notary services include legal analysis of the situation, verification of documents and other related actions to ensure the legality of the will.
By an official of the local self-government body: In the absence of a notary public, the will can be certified by an official of the local self-government body. This is allowed in rural, township and urban settlements where there is no notary office.
By the commander of a military unit or ship: Military servicemen who are on duty in military units or ships can apply to their commander for a will certification, if it is not possible to go to a notary public.
Officials of diplomatic institutions of Ukraine: For citizens who are abroad, the will can be certified by officials of diplomatic institutions of Ukraine.
By other persons prescribed by law: In special circumstances, such as serious illness or imprisonment, the will may be witnessed by other persons prescribed by law. Legal analysis of the situation
Before certifying a will, it is important to conduct a legal analysis of the situation. This includes checking the legal documents, analyzing the situation by a lawyer or attorney to make sure that the will meets the requirements of the law and reflects the wishes of the testator.
Legal analysis of the situation and lawyer's request
A legal analysis of the situation is an important step before probating a will. A lawyer or advocate should review the documents and conduct a legal analysis of the situation to determine whether all the terms of the will meet the legal requirements.
Writing a solicitor's request may be necessary to clarify certain aspects of the will or to obtain additional information from interested parties. This may include inquiring about the availability of property, the status of heirs, or other aspects that may affect the distribution of property under a will.
Legal opinion
After conducting a legal analysis of the situation, a lawyer or an attorney must provide a legal opinion on the legality of the will and its compliance with the requirements of the law. This conclusion can be useful for a notary public or other officials who certify a will.
A legal opinion is an important element in the process of probate of a will, as it provides certainty in the legal force of the document and its compliance with the requirements of the law.
Conclusions
Probate of a will is a responsible and important process that requires compliance with certain legal requirements. It is important to contact qualified persons, such as notaries, lawyers or attorneys, to conduct a legal analysis of the situation and provide a legal opinion before probating the will. This will ensure the correctness and legality of the will, as well as help to avoid possible disputes between the heirs in the future.
