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Wills and inheritance contracts during the war


During the state of war in Ukraine, wills are notarized in accordance with the usual procedure.


The lack of access to the succession register cannot be an obstacle to notarial acts under the conditions of the state of war. The corresponding registration of data in the succession register must be carried out by notaries within five working days of the restoration of such access.


The list of notaries operating under the conditions of a state of war is drawn up by the Notary Chamber of Ukraine. A certain circle of other persons and the procedure for notarization of wills are determined by the Regulation on Notarization of Wills and Powers of Attorney, which are equivalent to notarial certification.


Thus, in addition to notaries, the following persons are also vested with these rights:


- Officers of local self-government bodies;


- Commanders of military units, facilities and military academies;


- chief physicians, their deputies in the medical service or doctors on duty in medical institutions.


As a result, under the conditions of a state of war:


- Wills of military personnel may be notarized by the commander (chief) of military formations (authorities, institutions) or another authorized person appointed by him, subsequently forwarding such wills to ensure their registration by notaries in the register of estates;


- The will of a person undergoing medical treatment may be notarized by the chief physician, his deputy in the medical department or the hospital director;


- The will of a prisoner of war may be notarized by the head of the institution in which a special department for prisoners of war has been set up.


SPECIAL FEATURES OF THE NOTARIZATION OF DEEDS OF INHERITANCE


In contrast to the notarization of wills during the war, the notarization of inheritance contracts has not undergone any changes.


The notarization of inheritance contracts, contracts on amendments to these contracts or their termination or cancellation is carried out exclusively by notaries who are included in the list of notaries who perform notarial acts in relation to valuable assets under the conditions of the state of war.


In this case, as in the case of the authentication of wills, the lack of access to the succession register cannot affect the performance of notarial acts.

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