As a general rule, notarization of such a transaction as a will in Ukraine is carried out by a notary. Notarization of a will abroad is entrusted to consular institutions and diplomatic missions of Ukraine. The right to a will can be exercised throughout the life of a person and includes both the right to make a will or several wills, and the right to change or cancel them. All of the above-mentioned powers of the testator together with the means of their legal protection and defense are the implementation of the freedom of will, which is a principle of inheritance law. The freedom of will covers the personal exercise by the testator of the right to a will through the free expression of will, which, being properly expressed, is subject to legal protection even after the death of the testator. The freedom of will as a principle of inheritance law includes, among other elements, the need to respect the will of the testator and the obligation to fulfill it.
The qualification of a will as null and void on the grounds of an expanded understanding of the requirements for the form and procedure for its certification, which are mentioned in Part One of Article 1257 of the Civil Code of Ukraine, will violate the principle of freedom of will. In the absence of defects in the will and expression of the testator's will when drawing up and certifying the will, the qualification of the latter as null and void on grounds that are not directly provided for either by this article or by the norms of Chapter 85 of the Civil Code of Ukraine in general, essentially cancels the free expression of the testator's will without the possibility of expressing his will by drawing up another will in connection with his death. Only in the case of the testator's physical defects that deprive him of the opportunity to read the will, the certification of the will takes place only in the presence of witnesses. And it is in this case that failure to comply with such a requirement regarding the procedure for certifying the will in accordance with Part One of Article 1257 of the Civil Code of Ukraine results in the invalidity of the will.
A term as a time category is characterized not only by an initial but also by an end point. For the correct calculation of different types of terms, it is important to determine the beginning of their course. The course of a term begins on the day following the corresponding calendar date or the occurrence of the event with which its beginning is associated. That is, the day on which the moment of the beginning of the term directly occurred is not taken into account when calculating the latter.
The provisions of Article 253 of the Civil Code of Ukraine also apply to other cases of establishing the beginning of the running of terms. Therefore, the beginning of the running of the term for accepting an inheritance begins on the day following the relevant calendar date, i.e. the term for accepting an inheritance should be calculated from the day following the day of the person's death or declaration of his or her death. When determining the final day of the term, it should be taken into account that the rules of Part Five of Article 254 of the Civil Code of Ukraine apply to any areas of civil law regulation and concern any subjects of civil legal relations. Therefore, when the last day of the term falls on a weekend, holiday or other non-working day, which is determined in accordance with the law at the place of commission of a certain action, the day of expiration of the term is the first working day after it.