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Riabchuk Oksana

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What is the procedure regulated by?

The issue of certification of wills of servicemen of the Armed Forces, other military formations, as well as employees of law enforcement (special) bodies, civil defense bodies, who are involved in the implementation of measures to ensure national security and defense, repel and deter armed aggression of a foreign state by the commander (head) of these formations ( bodies) or another person authorized by such a commander (chief) is regulated by Resolution of the Cabinet of Ministers of Ukraine No. 164 of February 28, 2022.

If before the start of the war, only notaries and authorized persons of local self-government bodies could draw up and certify a will, then during the martial law such powers were also granted to the commanders of units or other formations where military personnel are serving.

For what purpose was this innovation introduced?

This innovation was introduced with the aim of simplifying access to notary services for military personnel and other persons mentioned above, as it may not be possible to apply to a notary during service.

The procedure for certification of wills by commanders is almost no different from notarial certification: the commander must explain to the serviceman the legal consequences of making a will, find out his valid will to make a will, and, if necessary, draw up the text of the will. In addition, the procedure is free of charge.

Who enters data into the inheritance register?

First of all, the certified will is registered by the commander or another authorized person under a separate serial number. Next, the General Staff of the Armed Forces, the Ministry of Defense, the relevant law enforcement (special) body sends the will to the Ministry of Justice or its territorial body, which ensures its transfer to a notary public.

After that, the notary registers the will in the Inheritance Register, keeps it and undertakes to transfer it to the relevant state notarial archive after the termination of martial law.

It is worth noting that today there are many inconsistent points in the practice of applying the adopted Resolution. It is possible that clarifications and additions will be made to it in the future, but for now it is an opportunity for servicemen who are on the front lines to legally record the right to dispose of their property in case of death.

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Specializes in family law and inheritance matters.

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