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.
Probate is one of the most common ways to transfer property after the testator's death. It allows a person to dispose of his property according to his wishes, including appointing heirs, their shares, as well as other important aspects of the transfer of property. In this article, we will consider the main provisions of the law on inheritance by will, as well as how to conduct a legal analysis of the situation and provide a legal opinion.
The concept and features of a will
A will is a document with the help of which a person (testator) determines the procedure for transferring his property after death. It is a personal order of the testator and has legal force under certain conditions.
The main features of the will:
Personal initiative: A will can be drawn up only by the testator personally, without the participation of third parties.
Form: The will must be made in writing and certified by a notary public or another person authorized to do so by law.
Will of the testator: The will should reflect the will of the testator regarding the transfer of his property, which is its main essence.
Amendability: The testator has the right to amend or revoke his will at any time as long as it remains valid.
The main types of wills
Notarial will: A will certified by a notary public in accordance with the procedure established by law.
Contractual will: A will concluded in the form of a contract between the testator and the heir provides for the inheritance of property.
Ordinary will: A will made by the testator himself, without notarization, but certified by the signatures of two witnesses.Legal analysis of the situation and writing a lawyer's request
When it comes to probate, an analysis of the situation by a lawyer or attorney is important in order to determine the validity of the will and possible problems in the probate process.
Legal analysis of the situation
A legal analysis of the situation may include:
Checking the legality of the will: Analysis of the document for compliance with the law.
Analysis of the presence of heirs: Checking whether all persons who can claim inheritance are in the will.
Property status assessment: Analysis of the testator's property status and possible problems related to its transfer.
Legal opinion
Based on the analysis, the lawyer can prepare a legal opinion on the prospects of inheritance and possible risks. Recommendations for protecting the client's interests may be given in the conclusion.
Writing a lawyer request
A lawyer's request may be necessary to obtain additional information or clarifications regarding the will and its implementation. Writing a lawyer request can include:
Formulation of the request: Clarification of issues of interest to the client and specific aspects of the will.
Addressee selection: Determining who exactly to contact with the request (for example, a notary, witnesses, public authorities).
Obtaining information: Evaluation of received information and its application in legal analysis.
Conclusion
Inheritance by will is a complex and multifaceted process that requires careful analysis and planning. A legal analysis of the situation, a legal opinion and a solicitor's request are key elements to ensure a successful probate and protect the interests of the heirs.Professional legal assistance is necessary to properly resolve issues related to inheritance and ensure compliance with the law.
