The process of drafting a will is often perceived as straightforward; however, it encompasses various legal complexities. Natalia Kozaeva, a notary and head of the National Notary Chamber’s commission, clarifies the legal age for will creation, the implications of losing a will, and the validity of wills issued in rural councils.
Legal Age for Drafting a Will
A person may draft a will at the age of 18, although exceptions exist allowing individuals as young as 16 to do so if they are registered as entrepreneurs or are married. In these cases, minors attain full civil capacity, enabling them to execute a will without parental consent.
Where is the Original Will Stored?
The original will is retained by the notary who certified it, and it is stored in their notarial archive. If a notary retires or ceases operations, their documents are transferred to the state notarial archive of the respective district, ensuring continued preservation.
What to Do if a Will is Lost?
If an individual loses their will or cannot recall which notary certified it, they can approach any notary to draft a new will. This new document automatically revokes the previous one, but only in non-conflicting areas. If the wills pertain to different assets, such as a property in one and a vehicle in another, both documents remain valid.
For those wishing to keep the contents of their will confidential, the document should be stored with the certifying notary. Kozaeva emphasizes the potential risks of disclosure, particularly if family members seek to influence the testator’s decisions while they are still alive.
After an individual’s death, if the will is not located, the notary can access the Inheritance Register to confirm its existence and identify the certifying notary. This register contains only the fact of the will’s certification, not its contents or the beneficiaries.
Common Reasons for Will Invalidity
Wills may be declared invalid for several reasons, including the testator’s incapacity, coercion, or procedural errors such as missing signatures or dates. If a will is made in favor of someone who has acted unlawfully against the testator, criminal proceedings may ensue, leading to the forfeiture of inheritance rights.
Such claims must be substantiated through legal proceedings, particularly in cases involving mental health issues like dementia. Even if a person was diagnosed with dementia at the time of death, it does not automatically invalidate their previous legal actions.
How to Determine if a Will was Made Under Duress
Proving that a will was created under duress typically requires court intervention, often involving testimonies from relatives or witnesses who can attest to the circumstances surrounding its creation.
Notably, individuals retain the right to revoke or amend their will at any time, regardless of their recollection of where it was drafted. A simple request to a notary suffices to cancel a previous will.
Validity and Duration of a Will
A will does not have an expiration date and remains effective after the testator’s death. However, heirs must accept the inheritance within six months of the death. Failure to do so necessitates a separate legal procedure to extend the deadline.
Having a will does not guarantee automatic transfer of property; the inheritance process must be followed. If the original will is unavailable, the notary will conduct necessary inquiries to verify its existence.
Wills Certified by Rural Councils
While wills can be certified by rural councils, this practice is declining as notaries become more accessible. Such wills carry the same legal weight but may contain errors, which could lead to challenges in their validity.
Kozaeva notes that sometimes a will may not be registered in the Inheritance Register, which can complicate matters for heirs.
Increase in Will Drafting Amid Conflict
The number of individuals drafting wills has notably increased since the onset of the full-scale war, as many are becoming more proactive about inheritance matters, particularly military personnel. Kozaeva reports a rise from approximately 10-15 wills per year to 30-35, reflecting heightened awareness of potential risks.
This article provides an overview of the legal aspects surrounding the drafting and validity of wills, as explained by notary Natalia Kozaeva. It covers topics such as the legal age for creating a will, procedures for lost wills, and the increase in will drafting amid ongoing conflict.