How to make a will? Printable versionLast update: 12.02.2021
A will - is the only way to dispose of acquired property, deposits and other property after death. One can devise a property to successors: any individuals or legal entities.
A person has the right to write a will containing an order for any of your property, including that one which he will acquire in the future.
A will must be made in a written form and notarized indicating the location, the date and time of its making.
It must be made by the devisor by himself, making of a will through the representative is not allowed. For registration of a will the devisor must come to the notary with the witness (both must have an identification card or passport). Therewith the presence of the successor is not required, he/she may not even know about making a will.
A will, written by the notary with the words of the devisor is read by devisor in the presence of the notary and a witness. After this a will is signed by both: the devisor and witness. If the devisor by reason of his physical defects, illness or illiteracy is not able to read the will personally, his text is resound for him by a witness in the presence of the notary, there is a corresponding record about it in the text of a will indicating the reasons for which the devisor is not able to read a will personally.
If the devisor by reason of his physical defects, illness or illiteracy is not able to sign a will by himself, at his request it can be signed by other citizen in presence of notary or other person, certifying a will, indicating the reasons for which the devisor is not able to sign a will personally.
Witnesses while making a will cannot be:
- notary or other person, certifying a will;
- successor for who a will is going to be made or who was refused of a will, his spouse, his children, parents, grandchildren and great grandchildren, and also legal successors;
- citizens who has not full capability;
- illiteracy and other persons unable to read a will;
- persons who have a criminal record for giving a false evidence.
A will is made in two samples, one of which is kept at the notary, which formalized it, and thereafter is transferred to the notary chamber or state archival storage. The second sample is given to the devisor, which may keep it or give it to successor.
What documents are required for making a will? It’s not obligatory to bring the documents on devised property as the devisor is not obliged to prove his rights on devised property however to bring these documents for making a will is desirable. Notary, making the text of the will, has the right to specify inherited property from the devisor’s words, but to describe details identifying the specific inherited property, necessary as accurately as possible, for not to give anyone the opportunity in future to use the complexity of the will interpretation as the reason to protest it. Land parcel, for example, is identified by its area, cadastral number, category of land and type of authorized activity, exact address, name or garden community or suburban cooperative. It is clear that this data without the documents on the land cannot be realized exactly.
A will may also contain a condition, that is a will in which the devisor specifies the condition which must be realized by the successor and only after that he may get an inheritance. Wrongful conditions included in the order appointing the successor or deprivation of the right of inheritance are invalid. If the will contains conditions which cannot be performed by the reason of health or for other objective reasons, successor may appeal them in the court.
By the wish of devisor a will may be certified by a notary without learning its content. Such a will is called a secret will.
Secret will must be written and signed personally by the devisor in the presence of two witnesses and notary and seal it in an envelope on which witnesses put their signatures. Envelope signed by witnesses is put in the presence of witnesses and notary in another envelope on which notary puts certifying signature.
Who may appeal a will?
More often successors who lose the right to inheritance fully or partially are not agree with the will.
In accordance with paragraph 2 of the article 1056 of the Civil Code of the Republic of Kazakhstan lawsuit right to bring the person to which the recognition will invalid property has consequences due to violation of the established procedure for compiling, and signature of the will, then there is only one who gets the right to inheritance , if the will is deemed invalid .
Is it possible to cancel or to change a will?
Obtaining of devised inheritance