Abstract

One of the theoretical problems of notarial procedural law is the study of the notarial and quasi-notarial procedure for the execution of wills by the new quasi-notarial bodies of the state during the martial law in Ukraine.The purpose of the research is to analyze the legal regulation of the procedure for certifying wills under martial law in Ukraine – as a basis for the registration of inheritance by will, including by minors.An analysis of notarial and quasi-notarial bodies authorized to certify wills was carried out.The evolution of the legal regulation of the certification of wills equated to notarial wills in Ukraine during 2022 is characterized. Subjects authorized to certify wills have been classified on the same level as notarial ones.The author claims that the process of certifying wills by new quasi-notarial bodies in accordance with Cabinet of Ministers Resolution No. 164 of February 28, 2022 consists of three stages.The first stage is the drawing up and certification of a will, equivalent to a notarial one, its registration in the register for the registration of wills and powers of attorney.The second stage is the transfer of one copy of the completed will through the relevant military and territorial bodies of the Ministry of Justice to the notary/state notary office for registration in the Inheritance Register and for temporary storage.The third stage is the transfer of the will received by the state notary office or notary after the termination or cancellation of martial law in Ukraine for storage in the state notary archive.Electronic proof of certification of wills, equivalent to notarized ones, is their registration in the Inheritance Register by notary authorities.Granting the right to make wills under a simplified procedure during martial law in Ukraine is one of the important ways to protect the rights and legitimate interests of not only the defenders of the state, but also the interests of future minors and minor heirs.

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