When Two Witnesses Are Mandatory for a Will: What Requirements Apply in Ukraine

Making a will allows a person to independently determine to whom and in what order their property will pass after death. At the same time, the law provides a number of guarantees designed to protect the testator from possible pressure, forgery, or contesting of their will in the future. One such guarantee is the participation of witnesses during the certification of the will. In some cases, their presence is mandatory, while in others it may be involved at the testator's discretion to additionally confirm the legality of the procedure.

Why witnesses are needed during the certification of a will

Witnesses are impartial participants in the will-making procedure and confirm that the document was drawn up in accordance with legal requirements.

Their presence certifies that:

• the testator expressed their will voluntarily, without coercion, and understood the significance of their actions and the consequences of the decision made;
• the will was executed in compliance with the legally established procedure;
• if due to health conditions or physical disabilities the testator could not sign the document personally, another person signed it on their behalf and in their presence.

Before certifying the will, witnesses familiarize themselves with the content of the document by reading it, after which they confirm this fact with their own signatures. Information about the witnesses is mandatorily included in the text of the will.

When the presence of witnesses is mandatory

The law requires the participation of at least two witnesses in cases where the testator, due to physical disabilities, cannot read the text of the will independently.

Additionally, witnesses may be involved at the testator's request if they want to further confirm the authenticity of their will and minimize the risk of disputes among heirs in the future.

Who can be a witness when making a will

Witnesses can be adults who have full legal capacity.

Such persons are also bound by the obligation to maintain notarial secrecy and not disclose information that became known to them during the certification of the will.

Who is prohibited from being a witness during the certification of a will

The legislation establishes a list of persons who cannot participate in the procedure as witnesses.

In particular, the following cannot be witnesses:

• a notary or another authorized person certifying the will;
• persons designated as heirs in the will;
• family members and close relatives of such heirs;
• persons who, due to health conditions or physical limitations, cannot independently familiarize themselves with the content of the document or sign it.

Why such restrictions are established

Restrictions on who can be witnesses are aimed at ensuring their impartiality and eliminating any doubts about the legality of the will's execution.

The participation of witnesses is an additional mechanism to protect the rights of the testator, helping to confirm the authenticity of their will and ensure the execution of their last wishes according to the law. It also reduces the risk of conflicts among heirs and subsequent contesting of the will in court.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.