Secret will: what is it and how to make it correctly

Among the many forms of wills, the most interesting can be called “secret”. Such a document also includes the testator’s order, but its content remains unknown to everyone except him until the moment of death.

For more details about what a secret will is and how to draw it up, Segodnya was asked a lawyer, a partner at the BSB Partners law firm Alexei Shvidkoy.

The content of the Civil Code of Ukraine defines a secret will as an order of the testator, determining the fate of the property belonging to him and containing indications of non-property content, made in writing and personally signed by him says the expert.

How to make a secret will?

It is necessary to draw up a will on paper in such a way that no one can find out about its contents, and put it in an envelope.

You also need to indicate the place and time of its compilation, securely seal the envelope. This will be the secret testament.

The notary has a special role in this case, since the will is certified by him without knowing the content.

“The notary must explain to the testator that the text of such a will must be set out in such a way that the order does not cause ambiguities or disputes after the opening of the inheritance,” the lawyer says.

A secret will is presented to a notary by the person who made it, in a sealed envelope. The envelope must have personal signature of the testator.

If the signature on the envelope was affixed by the testator not in the presence of a notary, the testator must personally confirm that the signature on the envelope was made by him.

It is necessary to take care in advance how the notary can make sure that the requirements of the will are met.

“It is undesirable to specify requirements that cannot be met or verified, for example: bury the ashes on Mount Everest, scatter them from an airplane over the Atlantic Ocean, or launch them into space,” Alexey Shvidky jokes.

The notary puts on the envelope, which contains the secret will, an acknowledgment inscription about the certification and acceptance of the secret will for safekeeping, affixes it with a seal and, in the presence of the testator, places it in another envelope and seals.

The envelope contains personal data, such as:

• Full Name;
• date of birth of the testator;
• the date of the adoption of this will.

According to Article 1255 of the Civil Code of Ukraine and Article 8 of the Law of Ukraine “On Notaries”, a notary has no right before the opening of the inheritance, disclose information about the fact of drawing up a will, its content, cancellation or change of a will.

A secret will is accepted by a notary for safekeeping without a description. Failure to comply with the requirements for keeping a will is grounds for declaring it invalid. On the acceptance of a secret will for storage, the notary may issue to the testator at his request relevant evidence.

If the intentions of the testator have changed and he wants to cancel his will, it is enough to submit an application and receive back an envelope with a secret document. At the same time, the testator’s signature on the application for the annulment of a secret will must be notarized.

Announcement of the secret will

After receiving reliable information about the death of the testator, the next step is to appoint a notary date of pronouncement of the will.

He notifies family members and relatives about this by a corresponding letter, if their location is known, and if it is unknown, by an appropriate announcement. in print media.

After that, in the presence of interested persons and two witnesses, the notary opens the envelope in which the will is kept, and announces it.

After the announcement of the will, a protocol is drawn up, which signed by a notary and witnesses. The protocol specifies:

• date, time and place of its compilation;
• date of certification and acceptance for safekeeping of the secret will;
• surname, patronymic of persons present at the announcement, including witnesses;
• information about the notification of persons who did not appear at the announcement of the secret will, or information about the notification in the print media;
• the state of the will (crossed-out passages, amendments, defects);
• the condition of the envelope in which the will was located;
• the entire text of the will is also recorded in the protocol.

In order not to spoil the document and draw it up correctly, we advise you to seek professional advice in advance.

“Today” also wrote what a will with a condition is and told what would happen if the inheritance was not issued in a timely manner.