A will must be personally signed by the testator. A notarized will must be written by the testator or recorded by a notary from the testator’s words in the presence of a witness. A will taken down by a notary from the testator’s statements shall be read in its entirety by the testator, in the presence of the notary and a witness, prior to its signing.

If the testator is unable to read the will personally due to physical disability, illness, or illiteracy, the will shall be read aloud to the testator by a witness in the presence of a notary, and a corresponding entry shall be made in the text of the will before the notarial attestation, stating the reasons for such inability.

If, due to physical disability, illness, or illiteracy, the testator is unable to sign the will personally, the will may, at the testator’s request, be signed by another person in the presence of the notary, the testator, and a witness. In such a case, an appropriate note shall be made in the text of the will and in the notarial attestation, indicating the reasons why the testator was unable to sign the will personally.

Wills of persons residing in localities where there is no notary shall be certified by an official authorized by legislative acts to perform notarial acts.

The following persons shall not be eligible to act as witnesses to a will:

• the notary or other person authorized to certify the will;
• the heir in whose favor the will is drawn up or a testamentary disposition is made, his or her spouse, children, parents, grandchildren, and great-grandchildren, as well as the testator’s heirs at law;
• persons who do not have full legal capacity;
• illiterate persons and other individuals incapable of reading the will;
• persons convicted of giving false testimony.

A will shall be drawn up in two copies, one of which shall be kept by the notary who certified it and subsequently transferred for safekeeping to the notarial chamber or to a state archive. The second copy shall be issued to the testator, who may retain it or transfer it to an heir.

What documents are required to make a will?

Documents confirming ownership of the bequeathed property are not mandatory, as the testator is not required to prove title to such property when making a will. However, it is advisable to have these documents available. A notary may describe the property based on the testator’s statements, but the identifying details of the property should be stated as precisely as possible to avoid future challenges to the will arising from ambiguous interpretation. A land plot, for instance, is identified by its area, cadastral number, category of land, permitted use, exact address, and the name of the gardening partnership or dacha cooperative. It is clear that, in the absence of land title documents, these details cannot be reproduced with complete accuracy.

A will may also include a condition under which an heir will receive the inheritance upon fulfilling that condition. Unlawful conditions included in a disposition appointing an heir or depriving a person of the right to inherit are invalid. Conditions contained in a will that are impossible for an heir to fulfill due to health reasons or other objective circumstances may be declared invalid at the request of the heir.

At the testator’s discretion, a secret will shall be notarized in a single copy, without the notary being informed of its contents.

A secret will, on pain of invalidity, must be handwritten and signed by the testator in the presence of two witnesses and a notary, placed in a sealed envelope signed by the witnesses, and then sealed by the notary, in the presence of the witnesses, in another envelope on which the notary makes a notarial attestation. At the testator’s discretion, the envelope containing the secret will shall be kept either by the notary who notarized the will, by the testator, or by the executor of the will.

Who is entitled to contest a will?

Most commonly, a will is contested by heirs who, as a result, are fully or partially deprived of their inheritance rights.

Pursuant to paragraph 2 of Article 1056 of the Civil Code of the Republic of Kazakhstan, a will may be declared invalid at the request of a person whose property rights are affected, if the statutory procedure for making, signing, or notarizing the will has been violated.