Drafting and certification of a will is a common legal practice that provides the testator with a guarantee of the fulfillment of their last will. But there are often cases when the testator wants to keep their will a secret until the legal consequences occur. More about the features of drawing up and certification of secret below.
Legal features of drafting the document
In accordance with the Procedure for the performance of notarial acts by notaries of Ukraine, approved by Order of the Ministry of Justice of Ukraine No. 296/5 of February 22, 2012, notaries certify wills of natural persons with full civil legal capacity, including spouses, drawn up in accordance with the requirements of Art. 1233-1257 of the Civil Code of Ukraine and personally submitted to a notary public.
Notaries certify secret wills without knowing their contents. At the same time, the notary explains to the testator that the text of the will should be laid out in such a way that the order does not cause misunderstandings or disputes after the opening of the inheritance. Note that a secret will cannot be certified by an official of the relevant local self-government body authorized to perform notarial acts.1
To submit a secret will, the testator must personally apply to a notary public, carrying the secret will in a sealed envelope. The personal signature of the testator must be on the envelope. If the signature on the envelope is not signed by the testator in the presence of a notary, the testator must personally confirm that the signature on the envelope was made by them. The notary puts on the envelope, which contains the secret will, a certificate of certification and acceptance of the secret will, seals it with a seal and, in the presence of the testator, places it in another envelope and seals it, while the notary notes on the envelope the surname, first name, patronymic, the date of birth of the testator and the date of deposit of this will.
Announcement of a secret will
The announcement of a secret will requires compliance with a certain procedure:
- the notary, who keeps a secret will, upon receiving information about the opening of the inheritance and the submission of the testator's death certificate, appoints the day and time of announcing the contents of the will. The notary informs the testator's family members and relatives about this, if their places of residence are known, or places such a notice in printed mass media;
- the notary, in the presence of interested persons and two witnesses, opens the envelope in which the will was kept and announces its contents;
- the protocol is drawn up on the declaration of the will, which is signed by a notary and witnesses.
After its announcement, the secret will remains in the materials of the notarial file.
If an interested person, duly informed about the day of announcement of a secret will, does not appear for the announcement, the notary public announces the contents of the secret will to those persons who have appeared. In the case of the appearance of an interested person after the announcement of the will, the notary familiarizes them with the protocol of the announcement of the secret will, making a corresponding note about it, which is also signed by this person.
The testator has the right to cancel the secret will, for this it is necessary to apply to the notary who keeps the secret will with a statement, the signature of which must be notarized, after which the notary returns to the testator the envelope signed, in which the secret will is kept.
