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The preparation of a will

A will is a personal order of an individual in the event of his death. Besides, the law provides for a certain queue of those who have the right to receive inheritance by will, and by law. According to Part 2 of Article 1223 of the Civil Сode of Ukraine, inheritance by law is possible only in the absence of a will, its invalidation, rejection of the will by the heirs, or when the will specifies only part of the property.

Make a will can all individuals who are included in the category of legally capable. According to Article 1234 of the civil code of Ukraine, an individual must make a will in person, without representatives.

One or several people can act as heirs, regardless of their relationship to the testator. At the request of the testator will, for no specified reason, to deprive of the right to inheritance of any of his relatives. However, this category does not include persons who are fully entitled to a mandatory part of the inheritance by law.

Persons who are entitled to a mandatory part of the inheritance include:

  • Persons who have not reached the age of majority, as well as adult but disabled children.
  • Disabled parents, husband/wife. According to Article 1241 of the Civil Code of Ukraine, such persons have the full right to inherit part of the property.

Article 85 of the Civil Code clearly States who can make a will, who should certify it, and in what form this paper should be presented. Thus, inheritance by will can be performed only after all the conditions for registration of this document have been met.

The testator can cancel the will made earlier, make certain changes to the document, or make a new will at any time convenient for him.

Heirs can only get the right to a proper share in the inheritance after the death of the testator. This is when this document becomes legally binding.

The will must be executed on a special form, following certain rules. After that, it must be certified by a notary, public or private. If we are talking about rural areas, then you can contact the Chairman of the village Council. In this case, the presence of heirs during the execution of the will is considered optional.

Kasyanenko & Partners Law Company specialists will advise you on all issues of making a will, all the nuances, and consequences, as well as help with its notarization.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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