If you yourself, at your own discretion, decide to dispose of the property acquired by you during your lifetime in a different way than it is provided by default by law, then the best option would be to draw up a will.
Will
A will is a personal order of an individual in the event of his death.
At the same time, such a right to a will is exercised personally. Making a will through a representative is not allowed.
The right to make a will
The following persons have the right to make a will:
- individuals
- with full civil capacity
Who can be the heir
You (as a testator) can designate one or more persons as heirs in the will (regardless of whether you have family and kinship relations with them), namely:
- legal entities
- individuals
- state of Ukraine
- Autonomous Republic of Crimea
- territorial communities
- foreign countries
- other subjects of public law
Testator's rights:
- appoint heirs
- disinherit heirs by law, except for heirs entitled to the obligatory part
- make a will concerning all or part of the inheritance
- to cover in the will the rights and obligations that belong to him at the time of making the will, as well as those rights and obligations that may belong to him in the future
- make a testamentary disclaimer
- cancel, change, make a new will at any time.
A will is drawn up in writing, indicating the place and time of its preparation and signed by the testator.
Types of wills
Depending on the goals pursued, you can make the following types of wills:
- testamentary refusal
- Will with condition
- Testament of the spouses
- Secret testament
By testamentary refusal, you (the testator) can transfer to the legatee (persons included, as well as those who are not included in the number of heirs by law) property rights or things that are or are not included in the inheritance.
For example, if a residential building, apartment or other movable or immovable property passes to the heir, you (as the testator) have the right to impose on such an heir the obligation to grant another person (the legatee) the right to use them. At the same time, such a right to use a residential building, apartment or other movable or immovable property remains in force in the event of a subsequent change in their owner and is not alienated, transferred or transferred to the heirs of the legatee, but it also does not constitute a basis for the residence of members of his family in them. unless otherwise specified in the will.
You (as the testator) can make a will with a condition in which you condition the emergence of a person's right to inherit on the presence of a certain condition, either related or not related to his behavior. For example, having other heirs, living in a certain place, having a child, getting an education, etc.
The spouses have the right to draw up a joint will of the spouses regarding the property belonging to them on the basis of the right of common joint ownership. In the case of drawing up a common will, the share in the right of common joint property after the death of one of the spouses passes to the second of the spouses who survived him. In the event of the death of the latter, the persons specified by the spouses in the will have the right to inherit.
A secret will is certified by a notary public without familiarization with its contents. You (as the testator) can make a secret will, seal it in an envelope, sign the envelope and submit it in this form to a notary. The notary puts his certifying inscription on the envelope, seals it and, in the presence of you (the testator), places it in another envelope and seals it.
We will help you decide on the type of will and make the text of the will, depending on your goals. It is important to remember that in case of violation of the requirements regarding the form of the will and its certification, it is subsequently void, and therefore your will, as a testator, may not be realized due to ignorance and legal incorrectness. We will help you avoid such situations.
Claim for annulment of will
As practice shows, there are frequent cases when a will was drawn up by a person who did not have the right to do so, or a will was drawn up in violation of the requirements regarding its form and certification.
In this case, we will help you collect evidence that the will of the testator was not free and did not correspond to his will. We will prepare a claim for the recognition of the will as invalid and file it with the court.
