How to draw up a will for an apartment

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How to draw up a will for an apartment

Reading time: 4 min.

Inheritance relations never lose their relevance, because every citizen wants to leave acquired property during his lifetime to legal heirs.

In addition, if a person wants to determine the circle of such heirs, then he needs to it is mandatory to make and execute a will. This shows the relevance of consideration of this topic.

In this informative article, we will consider the issue of how to draw up a will for an apartment, by the norms of the current legislation of Ukraine.

What are the stages of making a will for an apartment?

  • Deciding on a defined circle of heirs.

First, before making a will and dealing with its execution, you need to determine a clear list of persons who will be able to inherit the property under the will.

  • Determining the amount of inheritance to be inherited by will.

The testator must determine the exact amount of property that he wishes to transfer to the heirs under the will.

In addition, it is worth determining not only the list but also the distribution of certain shares of property that individuals should inherit.

  • Appeal to the notary.

If the testator has decided on the circle of heirs, then it is necessary to contact a notary with the necessary documents, namely: a passport of a citizen of Ukraine, RNOKPP, and a certificate of ownership of real estate.

Because most people decide to write a will only in old age or during a serious illness, the law provides for the possibility of a notary appearing at the testator's home.

  • Verification of the testator's legal capacity.

This stage is necessary since only a person with full civil capacity can bequeath his property independently.

A notary can verify a person's legal capacity in the following ways: according to documents (whether the person has reached the age of majority - 18 years old), send a request to the court to establish the absence of the latter's decision to limit legal capacity, visually determine the person's understanding of his actions and awareness of their consequences.

  • Drawing up a will and signing it.

In the event of a situation where the testator did not make a will on his own, he has the right to do so with the help of a qualified lawyer or notary.

The specialist prints the will for the apartment and explains how it can be canceled and what must be included there.

The testator familiarizes himself with the content of such a will and then signs it with his hand. If he cannot make the signature on his own, then 2 witnesses are needed to certify the valid will of the testator.

  • Payment of state duty.

A state duty in the amount of 0.05 of the non-taxable minimum income of citizens is expected to be paid for the performance of a notarial act by a state notary regarding the certification of a will. This amount goes to the state budget. Private notaries do not pay state duty.

Private notaries for performing notarial acts determine a fee, the amount of which is determined by agreement between the notary and the testator, but it cannot be less than the state duty rate charged by state notaries for similar acts.

  • Making a notary public notary.

On the compiled document, the notary makes a special certification inscription and puts his seal and signature.

A copy of the completed will is taken by the testator, and the originals remain with the notary.

  • Registration of the will in the Inheritance Register.

After performing all actions, the notary makes a registration entry in the Inheritance Register, which contains the number, date, and founding date of the testator.

After the death of the testator, the notary pronounces the text for relatives and other heirs specified in the document.

If you have any questions regarding the execution of a will for an apartment, please contact the "Prikhodko and Partners" law office.

Cooperation with our company guarantees to obtain the desired result in your case because we clearly understand the problematic issues of the inheritance law of Ukraine.

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