- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
112

(1916) Author: Alfons Heyking - Tema: Russia
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ii2 WILLS OF RUSSIAN SUBJECTS ABROAD. P. iv., Сн. vi_

§ 96.
Wills in the
form of a
Russian
notarial
will.

the entry in the Consular book. Such signature is dispensed with
in a case of a will which has been sent by post.

The receipt referred to above, must be worded as follows :—

" Receipt given by the Russian (Vice) Consulate at ... .

" to Mr. (Mrs. or Miss).....for having received from

" him (her) a will drawn up on the . . . day of ... .

" 19 ... at ................

"Town. This . . . day of.....19 . . .

" (Signed) Imperial Russian (Vice) Consul."

The legality of domestic wills drawn up abroad in accordance
with Russian law has been contested by some lawyers on account
of the non-observance of the rule : locus regit actum, i.e. because
the will may not be in conformity with local foreign law. It is
therefore recommended that this form be avoided when foreign subjects
are mentioned in the will. The safest guide as to whether the form
of "domestic" will prescribed by Russian law can be used by a
testator abroad, is to regard the will in the same way as any other
contract drawn up abroad. Such documents require to be drawn
up in the form prescribed by the local law, except in the case of
agreements all the parties to which are Russian subjects, in which case
their national law can be observed. In fact, in such a case, there
would be no one who could contest the validity of the contract or
will, as all Russian subjects are equally bound to observe the provisions
of their national lav/ whether they are at home or abroad.

In Poland and in the Baltic Provinces a domestic holograph will
can be drawn up without witnesses.

4. The will may be drawn up in the same form as one drawn up
by a Notary Public in Russia, at the Russian Consulate itself. In
France, Germany, Italy, and Spain, Russian Consuls are entitled
to act as local Notaries Public and to register the wills of their
countrymen in accordance with Art. 9 of the Consular Conventions concluded
between these countries and Russia.1 In countries where such
agreements do not exist, the Russian Consul may only act as Notary Public
in matters concerning none but Russian subjects, e.g. in the case of
a will in which none but Russian subjects are interested. If foreigners
are mentioned in a will so drawn up, the will might be contested
owing to its not having been drawn up in accordance with local law
and on the principle that locus regit actum.

The formalities to be observed in drawing up a notarial will in
accordance with Russian law at a Russian Consulate are as follows :—
In the presence of three witnesses, who have established their identity
by producing their passports or who are personally known to the
Consular officials, the testamentary dispositions are entered in the

1 Although the Governing Senate lias never expressly authorised Russian
Consular officers to keep the same books which are kept by notary publics in
Russia, there cannot be any doubt that Russian State Consular Officers have the
right to draw up Russian notarial wills, inasmuch as they are recognised by
Russian law as having the legal capacity of those drawn up by a Russian
notary-public.

§96.

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