A will for a house

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A will for a house

Reading time: 3 min.

Citizens of Ukraine are traditionally skeptical of the word "will", because no one wants to talk about possible negative situations once more.

This, in turn, affects the fact that individuals apply for a relevant request to a notary almost at the last moment - when they have an advanced age or an incurable disease.

However, the mention of a will in itself should not confuse anyone, because its previous writing is a normal practice in the developed countries of the world. Especially because the war in the country continues today.

Therefore, in this article, we will talk about the peculiarities of writing a will for a house according to Ukrainian legislation.

What does the concept of a will include?

A will should be understood as a personal disposition of a person (the testator) regarding the property he owns, property rights, and obligations in the event of his death.

At the same time, to make a will, a person must have full legal capacity.

Provisions of the Civil Code of Ukraine, namely Art. 34, 35 note that full civil legal capacity occurs in the following cases:

  • when the person reaches 18 years of age (of legal age);
  • if the citizen is a minor and, at the same time, registers an official marriage in the bodies of the RACS or the mother or father of the child;
  • if a citizen is 16 years old and at the same time works under an employment contract or has received the status of FOP - he can be granted full civil legal capacity by the decision of the guardianship authority.

Who cannot make a will?

Citizens who have been judicially recognized as incompetent or with limited legal capacity do not have the right to make a will.

For example, mentally ill persons, citizens with alcohol, drug or other addictions, as well as persons who made a will while not being aware of their actions and unable to control them.

Who certifies the will?

According to the general rule, notaries of Ukraine have this right to certify a will. However, what to do if a notary is not available at your place of residence?

In this case, depending on the place of residence of the testator, the following can certify the document:

  • if the person is in a rural settlement, and there is no notary public - a representative of the local government (village or settlement council);
  • if the testator is outside the territory of Ukraine - a person working in a consular institution;
  • if a person serves in the ranks of the Armed Forces - the head of a military unit, unit, institution;
  • if the person is in health care facilities or a hospital - the chief doctor or the doctor on duty;
  • if the person is on a river or sea vessel sailing under the flag of Ukraine - the captain of the vessel;
  • if the person is serving a sentence and is in a correctional colony - the head of the institution;
  • if the person is on an expedition - the head of the expedition.

A real estate will be certified by these authorized persons is equivalent to the actions of a notary and is subject to state registration in the Inheritance Register.

If you still have questions about drawing up a will for a house, contact the Prikhodko and Partners law office.

Our company employs only experienced lawyers who understand the issues in various branches of Ukrainian law, and therefore they are always ready to provide you with all the comprehensive answers during consultations. Get in touch!

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