PROBLEMATIC ISSUES OF CERTIFYING A SECRET TESTAMENT
Journal: International Scientific Journal "Internauka" (Vol.2, No. 78)Publication Date: 2019-11-30
Authors : Dibrova Taisiya;
Page : 75-79
Keywords : will; secret testament; certifying a will; interpreting a will; testament form; contents of a will;
Abstract
The article explores the institution of the secret testament in the legislation of Ukraine. The problematic issues of compliance with the requirements of the law in relation to the content and form of the will, as well as the admission to its preparation of persons who cannot independently write or sign the will, are analyzed. Based on scientific approaches and the practice of legal regulation of the secret will in some European countries, proposals are made to improve legislative regulation in order to reduce the risks of contesting the secret will after opening the inheritance. The role of the interpretation of the will, its method and limits is revealed. It is argued that the proposed mechanisms for improving the procedure for certifying the secret testament are able to eliminate certain difficulties in the implementation of this institution and make it more common.
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