Mandatory requirement for the will to be certified in the presence of Requirement for attestation witnesses in the event that the testator is unable to sign it personally due to illness
On February 19! 2024! the Supreme Court! consisting of a panel of judges of the Second Judicial Chamber of the Civil Court of Cassation! in case No. 201/12275/20! proceedings No. 61-5681св23 (EDRSRU No. 117074319)! examined the issue of the requirement for certification of a will in the presence of witnesses in the presence of the testator’s illness.
According to Article 1216 of the Civil Code of Ukraine
Inheritance is the transfer of rights and shareholder data obligations (inheritance) from a deceased individual (testator) to other persons (heirs).
Inheritance is carried out by will or by law (Article 1217 of the Civil Code of Ukraine).
A will is a personal disposition of an individual in the event of his or her death (Article 1233 of the Civil Code of Ukraine).
According to Part Two of Article 1248 of the Civil Code of international experience in resolving the problem of court fees Ukraine! a notary may! at the request of a person! record a will from his or her own words in his or her own handwriting or by means of generally accepted technical means. In this case! the will must be read aloud by the testator and signed by him or her. If the testator cannot read the will himself or herself due to physical disabilities! the will must be certified in the presence of witnesses (Article 1253 of this Code).
According to parts one-three of Article 1247 of the Civil Code of Ukraine
A will shall be drawn up in writing! indicating the aub directory place and time of its drawing up. The will shall be personally signed by the testator. If a person cannot personally sign the will! it shall be signed in accordance with part four of Article 207 of this Code. The will shall be certified by a notary or other officials! service persons specified in Articles 1251-1252 of this Code.
