Tuesday 29 April 2014

How To Draft A Will In Compliance With Ukrainian Law?



Problems with claiming inheritance are one of the most common reasons why people are looking for a professional assistance of a legal consultant. The problem becomes even more serious when the heir or testator is a foreigner and the inherited property is located within the territory of Ukraine. The best way to avoid these issues is to make sure that you have drafted a will, which is in compliance with wills and inheritance Ukraine law and practice. In order to do so, you should seek a help of a lawyer capable of providing legal advice in the matter. Let’s take a look at the basic information related to drafting a will and what you should take into consideration before you prepare the will.
The first thing you should know about wills and inheritance Ukraine is that there are few types of wills you can choose from. The options are similar to those accepted in other European country, so Ukrainian citizens can choose between a simple will, a secret will, conditioned will or joint will of spouses. Each case requires individual treatment, due to specific needs and expectations of the testator, therefore before you decide on a one particular type of will, discuss the options with your legal advisor, taking into consideration all of the most important benefits and disadvantages. If you are a foreigner or your heirs are not residents of Ukraine, make sure that your will was drafted in a way, which allows them to claim their inheritance in accordance with wills and inheritance Ukraine law.
When you are preparing the will, remember about the most important requirements: you have to be of legal age, which in Ukraine is 18 years old, for your will to be valid in the light of law. Your will is valid only if it was certified by a notary. It means that all your wishes and changes to the testament will not be considered, unless you make a properly certified supplement. Last, but not least, the will can be made only by one testator. It means that the will of two or more testators cannot be expressed in the same testament, but require separate documents drafted for each of the testators separately. In the same manner one testator can only leave one will. It means that if you make any changes to your will only the last certified version will be considered valid and no other testaments will be in legal force.
For many people thinking about death and what they leave behind is a depressing thought. However, if you care about what happens to your rightful heirs and your property when you are gone, you should take this chance and focus on securing the well-being of your spouse and children when you are no longer around. Do not treat it half-heartedly as something you can always do later, but make the most important decisions with the help of experts, who will ensure that your heirs’ interests are well protected, safe and secured.
Recource: Legal Conculting Center, LLC
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Written by Marta Gromadzka, a blogger, a copywriter, a marketing specialist.