Testamentary disposition

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Riabchuk Oksana

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Testamentary disposition

Reading time: 3 min.

Legal relations, related to heritage never lose their relevance, therefore, understanding the legal provisions regarding the proper inheritance of property is an urgent need for every person.

This shows the relevance of consideration of this topic.

In this informative article, we will talk about what should be considered a testamentary disposition in the inheritance law of Ukraine.

What should be understood under testamentary disposition?

The provisions of the Civil Code of Ukraine currently do not contain a definition of a testamentary disposition, which makes the formation of this definition problematic.

But, from the analysis of other normatively-legal acts can be concluded, that a testamentary disposition should be understood as a legal document, to which the owner of the bank account bequeaths funds in the event of his death, a specified list of heirs.

That is a testamentary disposition has the same meaning and legal force as a will, which was drawn up with the help of a notary public, but only applies to individual bank accounts.

It can also be specified, how and in what shares the money should be distributed among the defined list of heirs.

However, such an order is drawn up with the help of a financial institution, rather than the chosen notary and can always be changed or completely canceled at the will of the bank account holder.

Importantly! The financial institution makes a testamentary disposition in two copies, one of which must be kept by the owner of the bank account.

What documents are required to draw up a testamentary disposition?

  • Document, that proves the identity(usually a passport of a citizen of Ukraine);
  • Document, in which a clear list of heirs is defined, who will inherit money;
  • Marriage certificate. It is necessary to submit, if the person is married or remarried since in this case, she has the right to dispose of only half of the funds, stored on her account or deposit (because they are considered jointly acquired property);
  • RNOCPP (must be submitted only at the request of the financial institution).

What are the legal requirements for a testamentary disposition?

  • A testamentary disposition may be contained in a separate document, as well as directly provided for in the text of the bank deposit agreement itself;
  • If the testamentary disposition of the bank account holder is formed as a separate document, then all details must be specified in it: date, time and place of assembly, available signature and will of the person to form the order, etc;
  • provided, that the testamentary disposition is embodied in a separate document, it is certified by the signature of an authorized bank employee and is kept in the account's legal registration file.

Importantly! If the testator distributed the entire amount of money among the heirs, stored in a bank account, but he has relatives with the right to a compulsory share in the inheritance, then they get part of the money, which is provided for them by law.

If you have any left issues regarding testamentary disposition, contact the law office "Prikhodko and Partners".

During consultations, our lawyers will provide you with all comprehensive answers in the field of inheritance law of Ukraine, because they have many years of work experience and knowledge of the application of Ukrainian legislation in practice.

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