RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 11, 2011 No. 491

About approval of the Procedure for state registration of wills, heritable agreements and the opened heritable cases in the Heritable register

In pursuance of the Civil code of Ukraine, the laws of Ukraine "About modification of some legal acts of Ukraine in connection with ratification of the Convention on introduction of system of registration of wills", "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for state registration of wills, heritable agreements and the opened heritable cases in the Heritable register which is applied.

2. To the Ministry of Justice:

organize in accordance with the established procedure registration in foreign states of the wills registered in Ukraine;

provide according to the Convention on introduction of system of registration of wills provision of necessary information on requests of national authorities of foreign states;

bring within two months own acts into accord with this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 11, 2011 , No. 491

Procedure for state registration of wills, heritable agreements and the opened heritable cases in the Heritable register

1. This Procedure determines the procedure of state registration of the wills, the heritable agreements certified in Ukraine, certified (constituted and/or accepted on storage) and the wills registered in foreign states according to the Convention on introduction of system of registration (further - the Convention) and the opened heritable cases, and also changes to them in the Heritable register.

The heritable register is the information and communication system which is component of Single state electronic system of e-notariate which contains data about certified (constituted and/or accepted on storage) wills and heritable agreements, the opened heritable cases and the granted certificates on the right to inheritance.

The procedure for entering into the Heritable register of data about certified (constituted and/or accepted on storage) wills, heritable agreements and the opened heritable cases, and also changes in them is determined by Ministry of Justice.

2. Holder of the Heritable register is the Ministry of Justice which provides its functioning and performs the functions of national authority following from the Convention.

3. Administrator of the Heritable register is the state company which belongs to the sphere of management of Ministry of Justice which provides technical and technological creation and support of the software of the Heritable register, provision of access to the specified register, ensures safety and data protection, containing in it.

4. Are subject to state registration in the Heritable register:

the wills and heritable agreements certified by notaries, consular establishments of Ukraine, official and the officials specified in Articles 1251 and 1252 of the Civil code of Ukraine, Article 37 and part one of article 40 of the Law of Ukraine "About notariate" and also changes in them, cancellation of wills and termination of heritable agreements;

the wills certified by persons who in the conditions of warlike situation according to the legislation have the right to assure them;

the wills certified (constituted and/or accepted on storage) and registered in foreign states which are participants of the Convention, and also change in them and cancellation of wills in case of representation in accordance with the established procedure of Ministry of Justice of the corresponding requests;

heritable cases, and also changes to them are opened.

5. Registrars of the Heritable register relatively:

certified (constituted and/or accepted on storage) notaries of wills and heritable agreements, and also changes in them, cancellations of wills and termination of heritable agreements, the opened heritable cases, and also changes to them are offices of notary public, the Public notarial Records Offices, private notaries who signed the relevant contracts with the Administrator and have access to the Heritable register through information network of Ministry of Justice;

the wills certified by officials of local government bodies; wills and heritable agreements certified by consular establishments of Ukraine; the wills certified (constituted and/or accepted on storage) and registered in foreign states according to the Convention which requests about registration in Ukraine at the request of the testator are sent to Ministry of Justice, and also changes in them, cancellations of wills and termination of heritable agreements are the state company which belongs to the sphere of management of Ministry of Justice, and its branches.

6. State registration of wills, changes in them and cancellation of wills, heritable agreements, changes in them and their termination is performed by entering into the Heritable register of data relatively:

testator (testators), alienor (alienors);

certificates of the will, heritable agreement as document;

issues of the duplicate of the will, heritable agreement;

the document which changes or cancels the will;

the document which changes or based on which the heritable agreement is broken off;

recognitions of the will, heritable agreement invalid;

registration of the will in foreign states;

Registrars.

In case of registration based on the Convention of the will certified (constituted and/or accepted on storage) and registered in foreign state, name (names) and surname (surnames) of the testator (testators) are specified in the Heritable register in Ukrainian and/or English which is one of official languages of the Council of Europe.

6-1. State registration of heritable cases, and also changes in them is performed by entering into the Heritable register of data relatively:

testator;

numbers of heritable case, date and the place of its institution, the storage location (number, date and the place of continuation of production of heritable case which is opened on replacement (in case of continuation of production of heritable case), changes of the storage location);

issues of the certificate on the right to inheritance;

recognition of the certificate on the right to inheritance invalid (type, date and document number based on which the certificate on the right to inheritance is nullified, the name of court (publisher);

additional data;

registrars.

7. Entering into the Heritable register of data concerning the certified wills, heritable agreements, and also changes in them, cancellation of wills and termination of heritable agreements is performed by Registrars based on statements for registration, forms and requirements to which filling are established by Ministry of Justice.

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