According to Article 13 of the Inheritance Act, any adult who is not under full guardianship and “is capable of acting reasonably” can make a will, i.e., dispose of their entire property or part of it “upon their death.” This means that when real estate and belongings are bequeathed to someone, they will become that person’s property after the death of the testator.
The law provides great freedom for citizens regarding both the property that can be bequeathed and the range of persons in whose favor a will may be made. They can dispose of their entire property at the time of their death (Article 14, para. 1 of the Inheritance Act), provided they do not violate the so-called “reserved share” of their descendants, parents, or spouse, if such individuals are left behind.
The subject of the will may be the entire property owned by the testator at the time of their death or a fractional part of it—this is the so-called universal will (Article 16, para. 1 of the Inheritance Act)—or specific belongings or real estate owned by the testator at the time of death, known as a particular will (Article 16, para. 2 of the Inheritance Act) or “legacy.”
There are no restrictions regarding the persons who can inherit through a will: they may include individuals, legal entities, and even the state. Naturally, the will shall have no effect if the person in whose favor it was made dies before the testator (Article 20 of the Inheritance Act) or if it is terminated or annulled (in cases where it involves a legal entity).
Bequests concerning the entire property of the testator are called “universal,” conferring the status of an heir upon the person in whose favor they are made. Bequests concerning specific property are called “particular,” conferring the status of a legatee upon the person in whose favor they are made.
Our notary office provides the service of drafting a “notarial will.” A notarial will is executed by a notary in the presence of two witnesses, who must not be related to the testator. The testator personally declares their wishes orally to the notary, who writes them down exactly as expressed, then reads the will aloud to the testator in the presence of the witnesses (Article 24, para. 2 of the Inheritance Act). The will is signed by the testator, the witnesses, and the notary.
Notarial wills are recorded in special registers and alphabetical indexes maintained by the Registration Office (Article 33a of the Registration Regulations).
If you wish to draft a notarial will, you must schedule a consultation with the notary, during which the details of its preparation will be clarified. If specific real estate is the subject of the will, you must provide a cadastral plan/sketch, proof of ownership, and a tax valuation of the property. For motor vehicles, you must provide the vehicle registration certificate and an insurance appraisal. Additional questions and details will be addressed during your consultation with the notary.
A holographic will must be written entirely by hand exclusively by the testator, include the date it was composed, and be signed by the testator. The signature must be placed after the testamentary dispositions.
A holographic will may be submitted to the notary for safekeeping in a sealed envelope. In this case, the notary drafts a protocol on the envelope. The protocol is signed by the person submitting the will and by the notary and is recorded in a special register.