Wait until the last: when and how the heirs get acquainted with the secret will

Civil law
Sidorenko Vitaly
30.11.2020
Law Services - Wait until the last: when and how the heirs get acquainted with the secret will

The secret will is regulated by Articles 1249 and 1250 of the Civil Code of Ukraine. So Art. 1249 of the Civil Code of Ukraine regulates the notarization of secret wills

    In particular, a secret will is certified by a notary without reading its contents.

    The person who made the secret will submits it in a sealed envelope to the notary. The envelope must bear the testator’s signature.

    The notary puts his identification inscription on the envelope, seals it and in the presence of the testator puts it in another envelope and seals.

    According to Art. 1250 of the Civil Code of Ukraine, the announcement of a secret will by a notary is regulated. 

    Having received information about the opening of the inheritance, the notary appoints the day of the announcement of the contents of the will. He informs the family members and relatives of the testator about the day of the announcement of the will, if they know their place of residence, or makes a notice about it in the print media.

    In the presence of interested persons and two witnesses, the notary opens the envelope containing the will and announces its contents.

    A protocol is drawn up on the announcement of the will, which is signed by a notary and witnesses. The entire content of the will is recorded in the protocol.

    Thus, a will is secret when a person’s last will is stated in writing, and the testator does not disclose the contents of his will even to a notary, giving it in an envelope with his own signature. In order to maintain secrecy until the moment of announcement.

  The main thing to remember is that the testator should make mandatory elements when compiling the report.

    

    These include:  

      • composition of property transferred to a certain circle of persons, share of inheritance;
      • the possibility of fulfilling the terms of the will by the heirs.

 

In the absence of the above information in the secret will, the latter is invalid.  

 

 

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