Publication date: 26.04.2024
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What is a will, a will is a one-sided deed, effective only after the death of the person who made it, and aimed at acquiring, changing or terminating civil rights and obligations. The testator can change or cancel the will during his lifetime at any time by making a new will.
Ukrainian legislation provides for the possibility of making a will, and also establishes certain rules and requirements for this process. Here are some key aspects that should be taken into account for making a will in Ukraine:
The form of a will, how to write a will: It is important that the will is drawn up in accordance with current legislation, as its validity and execution depend on it. If the form of the will does not meet the requirements of the law, it may be declared invalid and its execution will be impossible. Therefore, it is important to follow the established rules and requirements when making a will to ensure its legal validity and future execution. According to the Civil Code of Ukraine, a will can only be made in writing. The will must be handwritten or printed and signed by the testator. A written will must be made with a mandatory indication of the place and date of its making.
Drawing up a will in the presence of witnesses: According to Article 1253 of the Civil Code of Ukraine, a will can be certified in the presence of witnesses at the will of the testator. The condition is the presence of at least two witnesses during the attestation of the will. Any natural person who has full legal capacity can be a witness. This means that the witness must have full legal capacity to participate in such cases and do so voluntarily and knowingly.
Certification of the will: The will must be certified by a notary public or other officials authorized by law to do so. Certification of a will by a notary is a way to ensure its legal weight and execution in the future. Notarizing a will has additional benefits, such as confirming the identity of the testator, validating the will and ensuring that the will was made in accordance with the law.
Yes, some specific cases allow certification of the will by other officials to whom the law gives such authority. Here are a few such cases:
Chief physician (his deputy): If the person is in a hospital or other medical institution, the chief physician or his deputy can certify the will.
Ship captain: If a person is on a sea or river ship, the captain of a ship flying the flag of Ukraine can witness the will.
Expedition leader: If a person is on a search or other expedition, their leader can witness the will.
Commander of a military unit: In the event that a person is a military serviceman and is at a deployment point where there are no notaries, the commander of a military unit can certify a will, and members of his family can make a will with the participation of the commander of a military unit.
Head of Correctional Facility, Head of Remand: If the person is in a correctional facility or remand, their head can also witness the will.
When the testator cannot read the will himself due to physical disabilities, the attestation of the will can take place in the presence of witnesses. This is provided by law to ensure that the testator can make his will even if he cannot read it in person.
In such a situation, witnesses may be present during the drafting of the will in order to confirm its content and the actions of the testator. This allows you to ensure the fulfillment of the will of the testator and to avoid possible disputes regarding the legality of the will in the future. Thus, if the testator cannot read the will himself due to physical limitations, he can invite witnesses to the process of making the will. Witnesses can confirm that the will was made in accordance with the wishes and instructions of the testator, even if he could not read it in person.
Periodically reviewing and updating your will are important processes that allow you to ensure it is up-to-date and relevant to your current needs and circumstances.
Do not forget that it is important to comply with the requirements of the law and draw up a will taking into account your specific situation and wishes. If you have doubts or need additional advice, it is recommended to consult a lawyer or a notary.
