Anna Saliienko

Lawyer

E-mail

saliienko@prikhodko.com.ua

Phone numbers

Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Probate lawyer

A will is a document in which a person indicates to whom they want to leave their property after their death. When a person dies, their relatives or other persons specified in the will go to a notary to formalize the inheritance.

The notary checks whether there is a will, and if there is, the heirs receive a copy of it. To do this, they need to provide documents confirming their right to inheritance.

Making a will is an important legal act that determines the fate of your property after your death.

However, even the simplest will can contain legal nuances that can lead to disputes between heirs.

That is why consulting a will lawyer is necessary in order to:

Avoid mistakes: A lawyer will help you properly draft a will, avoiding formal errors that may lead to its being challenged.
Protect your interests: A specialist will help you take into account all the nuances of your property status and family relationships to ensure maximum protection of the interests of your heirs.
Guarantee the fulfillment of your will: A lawyer will help you draft a will in such a way that your last will is clearly expressed and cannot be challenged.
Resolve controversial situations: If disputes arise regarding your inheritance after your death, a lawyer will help your heirs defend their rights in court.

Under current legislation, a notary is not responsible for searching for heirs. The circle of heirs is established on the basis of applications from the heirs themselves or documents they provide.

The disclosure of the contents of the will is carried out by a notary exclusively on the basis of an application from a person who has the right to inherit, provided that there is appropriate evidence.

To make a will, it is necessary to observe certain formalities.

First, the will is drawn up in writing. It indicates the testator’s personal data, the date and place of drawing up the document.
Second, the will is signed by the testator himself.
Third, the will must be certified by a notary or other authorized person.

Ukrainian legislation provides for a special procedure for certifying wills during wartime. In particular, if it is not possible to contact a notary, the will may be certified by a representative of local authorities or a medical professional if the testator is undergoing treatment.

The content of a will is determined solely by the will of the testator. He may dispose of any property that belongs to him or will belong to him in the future.

The will is drawn up in writing and signed by the testator personally.

Certification of the will by a notary is a mandatory condition for its validity. The testator has the right to change or cancel the will at any time by drawing up a new will.

The law establishes six-month period for accepting or renouncing an inheritance under a will. This period begins from the moment of the testator’s death. Renunciation of the inheritance in this case means a complete renunciation of all property rights provided for by the will.

Will with a condition – is when a person, when making a will, sets conditions for someone to receive their inheritance. For example, they might say, “I leave all my property to my son, but only if he graduates from university.” If the son doesn’t graduate from university, he won’t receive the inheritance.

Joint will – is a special type of will that spouses can make regarding property acquired during marriage. Such a will allows spouses to jointly determine who will inherit their joint property after the death of one of them. The peculiarity is that after the death of one of the spouses, all joint property passes to the surviving spouse, and only then to the other heirs specified in the will.

Secret will – is a form of will in which the testator does not disclose the contents of his will to anyone, not even to a notary. The will is placed in a sealed envelope and kept by a notary until the time of opening the inheritance case. After the testator’s death, the notary in the presence of witnesses, the testator opens the envelope and announces the contents of the will.

It will also be useful: Registration of inheritance

A will may be declared invalid by a court if it was drawn up in violation of the law or if the will of the testator was undermined.

The grounds for declaring a will invalid may be: the testator’s lack of the right to make a will, violation of the form of the will, or the testator’s lack of free will (for example, under the influence of violence, deception, or threats). If a separate part of the will is declared invalid, this does not entail the invalidity of the entire document. In the event of a will being declared invalid, inheritance is carried out according to the general rules established by law.

According to Ukrainian law, all wills are subject to state registration. This means that information about your will is entered into a special register. After registration, a notary will issue you an extract from the register, which is a confirmation that your will has legal force.

Simple tips for the testator:

Make a will in advance: This will avoid hasty decisions and provide peace of mind for your loved ones.
Contact a lawyer: A qualified lawyer will help you properly draw up a will and take into account all the nuances.
Review your will regularly: Changes in your life may require changes to your will.

The issue of inheritance is regulated by numerous legal norms and has many nuances.

One of the main reasons for disputes is the lack of awareness of heirs about the inheritance procedure, in particular, about the existence of a will.

Making a will is a serious step that requires a professional approach. By contacting a will lawyer, you can protect yourself and your loved ones from possible problems in the future.

Probate lawyer

To make a will, it is necessary to observe certain formalities.

Simple tips for the testator:

You may also need:

Andrey Prikhodko