MAKING A WILL ✅ FAMILY ✅ SERVICES

Устная консультация для определения возможности предоставления услуги или неспособности предоставить услугу. В случае возможности предоставления услуг, контракт заключается с адвокатом для дальнейшего ознакомления с документами.

Если услуга невозможна, стоимость этапа зачисляется на стоимость консультации и не получает компенсацию.

Познакомиться с доступными документами от клиента. Адвокат поясняет обстоятельства, круг наследников, слушает пожелания сторон.

The lawyer, taking into account the previous developments, drafts the will and coordinates it with the client and the notary (if necessary).

Результатом данного этапа является текст завещания.

At the request of the client, the lawyer organizes and accompanies notarisation of the will from the notary. Registration and notarization of the will is not included in the cost of the service.

The estimated cost of certification is up to 3 thousand hryvnia.

The result of this stage is a notarized will.

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Drafting a will

Writing a will is a person's desire to dot all the "ands" in the event of his own death. The purpose of the document is to avoid disputes between relatives and loved ones over the remaining property and fortune. But in fact, even having a will does not guarantee the absence of disputes. And all because of incorrect or ambiguous wording. Therefore, it is worth knowing how to write a will and when it is more appropriate to turn to a lawyer for help.

What is a will

According to the law, in the absence of a will, property is divided between relatives. But in fact, any capable person has the right to independently decide who will receive the inheritance or part of it. For example, you can single out a person who paid more attention, took care, etc. during his life. Thus, a will is a testator's personal disposition of his own property after his death. Drafting of a will is regulated by Article 1233 and Chapter 85 of the Civil Code of Ukraine. That is, it is a document that has legal force. That is why it must meet the requirements of legislation both in terms of content and design.

The created will can be revised at any time by changing the distribution of parts of the property or heirs. Legally competent citizens have the right to draw up this document. During its creation, the people who participated in the process (notary public, lawyer) are subject to the legislation on confidentiality. That is, they do not have the right to disclose information before the will enters into force.

There are three main types of wills in Ukraine:

1. Secret. This is a document whose content is unknown to anyone except the author. The testator submits the will to the notary in a sealed envelope. The latter certifies the envelope with his own signature. Witnesses and other participants in the process do not know what is written in the will. It should be remembered that the drafting of such a document should be approached with all care so that in the future disputes do not arise due to inaccurate wording.

2. With a condition. A will stipulates that the heir must fulfill a certain condition in order to receive property or wealth. It can be a requirement for an act or behavior of the heir. For example, living in a certain place, having a child, the specified education or profession. The main thing is that the condition does not violate the requirements of the law. It is impossible to challenge the will due to the lack of information regarding the condition.

3. The will of the spouses. This is the case when spouses draw up a single document for jointly owned property. After the death of one partner, inheritance is prohibited. That is, it cannot be sold, given as a gift, etc. Thus, the surviving partner has the right to use the property, but not to dispose of it.

How to write a will

First of all, you need to understand that the will must fully comply with the requirements of the law. Otherwise, it is considered invalid. That is, the best option would be to contact a lawyer on wills, who will help you follow all the rules and choose the exact wording. Only such a document can be a guarantee that the will of the testator will be fully fulfilled. A will is a document that manages only property matters. That is, you cannot specify the place of the funeral, who should take care of pets or become the guardian of a minor child. But it is allowed to use a will with a condition. For example, the property passes to the heir only on the condition that he will take care of the beloved cat of the testator. The will is made personally. It must indicate the place and time of creation. The document must be in writing. It is written personally or dictated to a lawyer.

In general, the procedure for making a will is not complicated:

● make sure that you meet the requirements for the testator (capacity, legal age);

● choose an heir;

● define inherited property;

● write the text of the will;

● seal the document.

How to draw up a will

The will must be certified by a notary public. Without it, the document is not valid. The personal presence of the testator is mandatory, as is his signature. If the testator is unable to visit the notary due to his physical condition, let's assume that the latter is called at home or at the hospital. In situations where the testator is unable to sign the document with his own hand, it is done by a proxy. The will indicates the reason why the testator could not sign in person. It is important that the trustee cannot be an heir. The notary, in turn, also certifies the document with his own signature and seal.

To make a will, you need:

● passport and identification code of the testator;

● identity cards of the heirs (copies of documents in which specific data are indicated);

● papers certifying ownership of inherited property.

In regions where there is no notary, the head of the village council acquires the right to certify the document. The will can also be signed by the following officials (provided there are at least two witnesses):

● the chief and duty doctor of the institution where the testator is staying;

● director of a home for the elderly (if the testator is in an institution);

● ship captain (while sailing);

● expedition manager;

● commander of a military unit (for servicemen stationed at military deployment locations);

● the head of the colony (if the testator is serving a sentence).

The value of the will

The price of the will consists of the cost of the work of a notary and a lawyer. It depends on the volume of work and the presence of additional complications. Upon request, our consultants will individually calculate the cost of developing a will for anyone who wants to. Contacting our specialists is a guarantee of quality legal assistance and protection of your rights at all levels.