In a state of war, military personnel cannot always use the services of a notary. In such cases, the Law allows for the execution of a will and power of attorney in a special procedure. The Ministry of Justice explained how to do this, writes UNN.
In places where military units are stationed, where there is no notary or body that performs notarial acts, the wills and powers of attorney of a soldier can be certified by the commanders (chiefs) of these units, formations, institutions or establishments. Such documents are equated to notarized ones. The place for certification must guarantee compliance with notarial secrecy
The state legal body also explained how the military should properly draw up such important documents.
Will:
- is drawn up in writing, indicating the place, time and date of drawing up and the place of birth of the testator;
- at least 2 witnesses must be present;
- the testator signs the will in his/her own hand or, in case of physical disabilities, another person signs it in the presence of the testator and witnesses. It is not allowed to draw up a will through a representative.
Power of attorney:
- is drawn up indicating the place, date of signing and determines the procedure for the document;
- the principal signs the document in the presence of the official who certifies the power of attorney. In case of physical disabilities, the document is signed by another person, information about whom is indicated in the certification inscription.
Additionally
Under martial law, powers of attorney (except for powers of attorney for the right to dispose of real estate, manage and dispose of securities, corporate rights) and wills of military personnel, employees of law enforcement (special) bodies, civil protection bodies can be certified by the commander of these formations or another authorized person. Subsequently, these documents are sent through the General Staff, the Ministry of Defense or the relevant law enforcement agency to the Ministry of Justice for registration by notaries in the Unified Register of Powers of Attorney or the Inheritance Register.