Глава 5. Особливості вчинення окремих нота­ріальних дій в умовах воєнного стану

The peculiarities of committing such notarial acts as testament certification, the inheritance agreement and the conclusion of a inheritance management contract in the conditions of wartime are considered. Attention is emphasized on circumstances that may distort the free will of the testator and the role of the notary in clarifying the true will of the person who applied for the notarial act. The criteria that must meet the requirements for the acquisition of inheritance have been considered. The proposal for video recording of the testament certification is supported. The need to change the legal consequences of declaring a testament invalid is substantiated.
The problems of the execution of the inheritance contract after the death of the alienator and the possibility of its termination in case of failure of the acquirer to fulfill his obligations after the death of the alienator are considered. It has been proven that proper performance of the inheritance contract by the acquirer can be influenced by both circumstances of an objective nature related to military time and actions of the heirs, which can create obstacles for the acquirer in the execution of the inheritance contract after the alienator’s death, in particular, his burial, construction of a tombstone, holding a memorial dinner. It is proposed to amend the normative acts that determine the range of persons who should receive a medical certificate and death certificate, to grant such a right to the acquirer under the inheritance contract.
When concluding an inheritance management contract by a notary, the main and mandatory requirement for the manager is his expertise and professionalism. It is proposed to stipulate in the inheritance management contract the duty of the manager to insure his civil liability for the consequences of economic activity, which will be a guarantee of protecting the interests of the heirs.