Formalisation of a last will and testament
Every person may draw up a last will and testament, which means to determine his/her heir in advance and decide on the future of all the property remaining after his/her death. Under the law, the will shall be drawn up by a notary.
A testator may write a last will and testament by him/herself and visit a notary to notarise this document afterwards, or draw up this document directly at a notary’s office. In case you need to draw up a last will and testament and there is no notary around, a last will and testament may be certified by the following persons:
Testament may be certified by the following persons
- In settlements — respective municipal authority represented by the authorized official;
- in hospital, retirement homes — chief physician, deputy chief physician, doctor on duty;
- in voyages such authorities are vested in a ship captain;
- in expedition trips — the chief of expedition;
- for in-place forces, where there are no notaries and authorities nearby that are entitled to similar notarial acts, a last will and testament of militaries, as well as members of their families, is certified by the commanding officer of the military unit;
- a last will and testament of persons in places of executing punishments, as well as in detention centres — head of the institution.
A last will and testament is always drawn up in written and signed by a testator personally and exclusively; therefore, the presence of a testator is a must anyway.
There is a type of a secret last will and testament. A testator submits a secret will and testament sealed in an envelope to a notary; and then this envelope is signed by a testator personally, signed and sealed by a notary. A notary puts this envelope in another envelope in the presence of a testator and seals it. When an inheritance case is opened, a notary sets a date for opening a last will and testament and then opens an envelope in the presence of heirs.
Please remember that a testator has a right to withdraw a last will and testament in full or draw up a new one at his/her own discretion, which may cancel a previous one, partially or in full.
