In April 2022, since the state registers were not working, the person was unable to issue a will for his son at a notary and died. This will was written by her before her death in the hospital where she was. However, the will was written in his own hand, not certified by anyone and without witnesses. There is only a video where a person expressed that he writes voluntarily. Currently, the notary does not issue inheritance documents, but sends them to the court based on the decision. Does the court recognize such a will as appropriate? How should claims be submitted to the court?
How to recognize a will as valid?
solvedAnswers
Yaroslav Sikorsky
In accordance with the current legislation of Ukraine, the will certifies:
-
notary;
-
the chief doctor, his deputy from the medical department or the doctor on duty of this hospital, hospital, other stationary health care institution, as well as the head of the hospital, the director or the chief doctor of the home for the elderly and disabled;
-
captain of sea or river vessels;
-
head of a search or other expedition;
-
commander (chief) of a military unit, unit, institution or military educational institution;
-
head of the institution of execution of punishments;
-
authorized officials of local self-government bodies (in settlements where there are no notaries).
Therefore, if the person was in a hospital, it was necessary for the will to be witnessed by one of the following persons: the chief doctor, his deputy from the medical department or the doctor on duty of this hospital, hospital, other inpatient health care institution, as well as the head of the hospital, the director or chief physician of the home for the elderly and disabled.
However, the above was not done, and therefore it will be quite difficult to recognize such a will in court.
09.06.2023 14:27