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Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Execution of a will abroad.
ТекстFor Ukrainians who were forced to leave their homeland due to the military invasion of the Russian Federation, it may be necessary to make a will while living abroad. In order to verify the validity of their will, Ukrainians have the opportunity to apply for a certificate at Ukrainian consular offices or foreign notaries/bodies authorized under foreign legislation. This allows them to exercise their legal right to create a will even when they are outside Ukraine.
The responsibility for notarizing wills in accordance with the Law of Ukraine "On Notaries" rests with consular institutions of Ukraine. This duty also rests with diplomatic missions of Ukraine in certain cases provided for by law. Among the various notarial actions performed by Ukrainian consular offices, an important task is the certification of wills.
Consular offices in Ukraine are responsible for certifying wills in accordance with the country's legislation. The process is regulated by various laws and regulations, in particular the Civil Code of Ukraine, the Law of Ukraine "On Notaries", the Regulations on the Procedure for Notarial Acts in Diplomatic Missions and Consular Institutions of Ukraine. This regulation was approved by the Ministry of Justice of Ukraine and the Ministry of Foreign Affairs of Ukraine on December 27, 2004 under No. 142/5/310 and registered in the Ministry of Justice of Ukraine on the same day under No. 142/5/310. 1649/10248.
When certifying a will, consuls follow a certain set of actions outlined in Clause 3.8 of Chapter 3 of the Regulations. It is important to note that all wills, including those that change or cancel previously certified wills, duplicate wills, applications for cancellation of wills, must be registered in the Inheritance Register through the Ministry of Foreign Affairs of Ukraine (hereinafter - the Ministry of Foreign Affairs) in accordance with the procedure established by the Regulation on Inheritance register. This regulation was approved by the Ministry of Justice of Ukraine on 07.07.2011 under No. 1810/5 and registered in the Ministry of Justice of Ukraine on 07.11.2011 under No. 831/19569.
In order to comply with the provisions set forth in clauses 2.3 and 2.4 of Chapter II of the Regulations on the Ministry of Foreign Affairs, as well as the instructions of the Ministry of Foreign Affairs within Ukraine, persons who wish to register wills certified by consular institutions of Ukraine, make changes to existing wills or cancel previously certified wills must submit an application to the state the enterprise "National Information Systems" or its branches according to the form of the Inheritance Register. The specified applications are submitted through the system of electronic interaction of the executive authorities according to the established form in order to record the relevant information and create a registration record. Testators also have the opportunity to directly submit applications for state registration of wills, changes or cancellations to the registration body (state notary office, state notary archive, private notary). When submitting these applications according to the established form, the testator must present a valid passport or any other official document certifying identity.
Citizens of Ukraine who live outside the country have the opportunity to obtain a will certificate from foreign notaries or from bodies authorized by foreign legislation. It is important to note that these wills will be probated in accordance with the rules established by the relevant foreign jurisdiction.
Article 73 of the Law of Ukraine "On Private International Law" embodies the main idea of this thesis. According to this article, the ability of a person to create or revoke a will, as well as the proper form of these actions, are determined by the legislation of the country where the testator permanently resided at the time of drawing up the document or at the time of drawing up the document. the time of their death. It should be noted that a will or its cancellation cannot be considered invalid solely due to failure to comply with the required form, if the form complies with the laws of the place where the will was made, the laws of the testator's nationality, the laws of their habitual residence at the time of the creation of the document or at the time of death, as well as the laws the country where the real estate is located.
It is worth noting that Ukrainian legislation allows the registration of wills that have been certified and registered in foreign countries, in accordance with the Convention on the Implementation of the System of Registration of Wills. This registration can be carried out in the Inheritance Register in Ukraine at the will of the testator. As stated in Clause 2.3 of Chapter II of the Regulations, the Ministry of Justice is responsible for entering information about these wills, as well as changes or cancellations in the Inheritance Register. To apply for registration in Ukraine on the basis of the Convention, applications can be submitted electronically to the state enterprise "National Information Systems" or its branches using the prescribed form and the prescribed system of interaction.
So, as can be seen from the above, the execution of a will is a rather important transaction, and during the execution of which, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the procedure for obtaining an inheritance abroad and will help collect the necessary documents and, if necessary, accompany the court proceedings.
