LEGAL CRITERIA FOR THE EXECUTION OF A WILL

Abstract

The article analyzes the legal criteria for drawing up a will, the role of the notary, and his powers. It is substantiated that the notarization of a will is important in ensuring its authenticity and execution. Also, problems in determining the legal capacity of the testator and proposals for their elimination were put forward. Classifications of legal capacity and its legal analysis are described. The rules and procedures for drawing up and formalizing a secret will, which is considered a type of will, are highlighted. The author makes a number of practical proposals for improving the procedure for drawing up a confidential will. The article details the participation of witnesses in the confidential will, their activities, the rules for storing confidential documents, and the obligation of witnesses to maintain confidentiality. The author emphasizes the need to improve the knowledge of notaries in the field of psychiatry and psychology and substantiates the importance of observing the principles of legality and justice in the process of drawing up a will. Problems arising in matters of writing and signing a will - the inability of the testator to sign independently due to physical disabilities (lack of hands, blindness, and other circumstances), the impossibility of reading the text of the will, and special procedures applied in such cases are analyzed. The involvement of witnesses in the execution of the will, their legal responsibility, and procedural actions were also studied.