Publication date: 21.05.2024
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A will is a document in which a person determines how their property will be distributed after death. It is an important legal tool that helps people ensure that their free-will intentions are carried out and that property is distributed according to their wishes.
Making a will in Ukraine is an important legal act that allows a person to dispose of his property in the event of death. Here are the main steps and requirements for making a will in Ukraine:
Requirements for making a will
1. How to write a will:
Only a person with legal capacity who has reached the age of 18 can make a will.
Exceptionally, minors who are married or have been recognized as fully capable can make a will.
2. Drawing up a will:
The will must be made in writing.
The signature of the testator is mandatory. If the testator cannot sign the document with his own hand due to physical infirmities or illness, the will may be signed by another person in the presence of a notary public or an official who performs notarial acts.
3. Notary certificate:
The will must be certified by a notary public or another authorized official (for example, a consul).
Certification of a will is also possible in certain cases without a notary, for example, on board a sea vessel by a captain, in a military unit by a commander, etc.
4. Secret will:
The testator can make a secret will, which is sealed in an envelope and handed over to a notary for safekeeping. The notary does not familiarize himself with the content of the secret will.
The main steps of making a will
Preparation:
1. Determine what property you want to include in the will.
2. Determine the heirs, that is, the persons to whom you wish to transfer your property.
Drafting the text of the will:
1. Write down your wishes in a clear form, including complete information about the property and heirs.
2. You can also specify the executor of the will (the person who will be responsible for the execution of your will).
Certificate of will:
1. Visit the notary with two witnesses (witnesses cannot be heirs or their close relatives).
2. Sign the will in the presence of a notary or official.
3. The notary will certify your will, which will give it legal force.
Storage of the will:
1. The notary keeps the original of the will and registers it in the Inheritance Register.
2. You will receive a notarized copy of the will.
Cancellations and changes in the will
The testator has the right to change or cancel his will at any time.
This can be done by drawing up a new will or by submitting an application to revoke the will to a notary public.
Special cases
If the testator is in prison or in institutions with limited access, the will can be certified by the head of the institution.
Military personnel can make a will in the presence of the commander of the military unit.
Contact a notary public for advice and assistance in drafting a will to ensure it complies with all legal requirements. Creating a will can be a complex process, so many people use the services of lawyers or notaries to help them with this process to make sure that their intentions are reflected correctly and legally.
