Drafting a will or power of attorney without a notary: the Ministry of Justice explains the details for military personnel During martial law, the ability to certify certain documents is granted to individuals other than notaries. The Ministry of Justice explained who can certify wills and powers of attorney for military personnel. As noted in the Free Legal Aid System, the issue of documenting certain legal facts that require mandatory certification by a notary becomes particularly relevant during martial law. "The Civil Code of Ukraine stipulates that in areas of active hostilities, where there are no notaries, certain individuals are authorized to certify wills, with their certification equated to notarial certification," the statement clarifies. Specifically, according to Article 1251 of the Civil Code of Ukraine, if a notary is not available in a locality, wills, with the exception of secret wills, may be certified by the following officials: * Heads of local governments. * Other officials authorized to perform notarial acts. Wills of individuals undergoing treatment in hospitals, other healthcare facilities, as well as those residing in nursing homes and facilities for the elderly and disabled, may be certified by the chief physicians, their deputies for medical affairs, or duty physicians of these hospitals, healthcare facilities, as well as the directors or chief physicians of nursing homes and facilities for the elderly and disabled. Wills of individuals aboard Ukrainian sea vessels or vessels flying under the flag of Ukraine may be certified by the captains of these vessels. Wills of military personnel, as well as individuals residing in military units, formations, institutions, and military educational institutions, may be certified by the commanders (chiefs) of these units, formations, institutions, or educational institutions. It is important to note that these individuals are not required to have legal education, but their certification of wills is equated to notarial certification. **Powers of Attorney:** According to paragraph 4 of Article 245 of the Civil Code of Ukraine, a power of attorney of a military serviceman or another individual undergoing treatment in a hospital, sanatorium, or other healthcare facility may be certified by the chief physician, their deputy for medical affairs, or the duty physician of this hospital, sanatorium, or other healthcare facility. A power of attorney of a military serviceman, as well as an individual residing in a military unit, formation, institution, or military educational institution, may be certified by the commander (chief) of this unit, formation, institution, or educational institution. "These powers of attorney are equated to those certified by a notary," the Free Legal Aid System emphasized.
Kyiv • UNN
Service members can execute wills and powers of attorney without a notary if there is no notary at the location of their unit. This can be done by unit commanders while maintaining notarial confidentiality.
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.