Ukraine

What are the principal forms of will in Ukraine?

• The Notarial will (ordinary will, conditional will, joint will, will designating an heir, will containing a testamentary refusal, will imposing obligations), established by a notary using technical means based on testator’s declarations, bearing his personal signature with the date of drafting and including the notary’s certification.

• The Secret will: The executor of a secret will delivers it to the notary, in a sealed envelope which must contain the testator’s signature. The notary certifies the envelope, seals it with his/her stamp in the presence of the testator and places it inside another envelope, which he/she also seals.

Does a register of wills exist in Ukraine?

Yes, there is a Register of Successions in Ukraine (The register is an electronic database containing information on every will filed, inheritance agreements, ongoing probate proceedings and certificates of inheritance issued).

The Register of Successions is administered by the Ukrainian Ministry of Justice.

Why register a will?

Registering a will in the Register of Succession is mandatory. The authentication process of the will ensure that the document was drawn up by a person with legal capacity, without any constraints, which makes it difficult to contest. The content of the will is not registered, only the fact that it exists. Even if the paper will were to be lost or damaged, the fact of its existence could easily be traced from an excerpt of the Register.

Who can carry out the registration?

The will registration in the Register of Successions is carried out by:

• Notaries
• Officials of local government agencies empowered to certify wills through the data network of Justice Ministry regarding opened succession files and certificates of inheritance issued.

Who keeps the will?

Notaries, archiving institutions, local administrations ensure the preservation and archiving of notarial deeds and records.

Can the testator’s family members consult the register while he is still alive?

No. Information concerning wills is strictly confidential. During the life of the testator, information about the existence of a will is only disclosed to the testator themself.

An extract from the Register of Successions certifying the existence of a will is only delivered to the testator. Following his death, it is provided to any person who presented a death certificate or any document attesting the testator’s death.

How much does it cost to register a will?

Every registration of a will, modifications submitted to it, its cancellation, the delivery of a duplicate with the corresponding extract costs 68 hryvnias.

Who may query the register of wills?

To verify the existence of a will following a person’s death, you should contact any notary, public or private. The following people have the legal right to consult the will content or to obtain a copy of it:

• Any person as long as they present a death certificate. They can find out if the will has been authenticated and with which notary the probate file has been opened.
• The heirs designated in the will. Following the opening of the succession, they have the right to be informed of the will’s provisions concerning them.
• Local authorities and their representatives, in the context of exercising their powers in accordance with the law.

Is it necessary to provide a death certificate?

Yes, a death certificate or any document confirming the death is mandatory to conduct a search for a will.

How much does a search cost?

A search in the Register of Successions costs 51 hryvnias

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