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P. IV., Сн. VI. WILLS OF RUSSIAN SUBJECTS ABROAD. 113
Consular book and are signed by the testator or, if illiterate, by some
one else on his behalf, after which they are signed by the three
witnesses, certifying that the will was drawn up in their presence and
that, in their opinion, the testator was of sound disposing mind,
memory and understanding. The signatures of the testator or, if
illiterate, of the person signing for him, and of the three witnesses,
are attested by the Consul. Finally a copy of the full text of the
will is given to the testator with an attestation of the correctness of
such copy. The testator signs a receipt for the copy in the Consular
book. This mode of drawing up a notarial will at the Consular office,
in the presence of witnesses, affords a better guarantee for the
authenticity of the document than the " domestic will." On the other
hand, the drawing up of a notarial will abroad is only possible in those
centres where there are resident persons competent to act as witnesses
and who know the Russian language.
Notarial wills can only be contested by filing an accusation of
forgery, and all the heavy consequences in case of losing the law-suit
must be undertaken by the accused.
Wills made for entailing landed property must be executed in
the form of a notarial will.
All wills and testaments may be altered, either wholly or in part,
at the testator’s desire. A notarial will can only be altered or annulled
by another notarial will (krepostnoye zavestchaniye), whereas a
domestic will may be altered or annulled by another domestic will or
by a notarial will, at the testator’s discretion. Every will can, further,
be anulled by means of a notarial instrument or, if the testator is
absent on active military service or on official duty, by a letter to
the desired effect signed by him and addressed to head-quarters. If
a notarial will is annulled by the testator during his lifetime, a domestic
will left by him, if correctly executed, is admitted in law as valid.1
The same applies to wills executed before Russian Consular Officers.
Wills executed abroad must be presented for probate either to
the Circuit Court, or to the court within the jurisdiction of which
the property disposed of is situated, or to that within the jurisdiction
of which the testator last resided when in Russia.2
On the death of the testator the will must in every case be
presented for probate to the proper Russian court. It must be submitted
in the original, except in the case of a notarially drawn up will, of
which only a copy is submitted.
The will is produced for probate by the person in whose custody
it happens to be at the time.1 If the will is deposited at the
Consulate, the Consul must hand it over to the II. Department. If the
text of the will is entered at the Consulate the Consul must send a
copy.5
1 Code of Civil Laws, Art. 1030. 2 Ibid., Art. 1079.
3 Ibid., Art. 1060.
* Ibid., Art. 1062. Although the law provides that the original will be pro-
duced for probate, Russian law courts have lately given the probate on production
of a certified photograph of the will.
5 Cons. Reg., Art. 75.
Contesting
notarial
wills.
h §§ 96, 97, 98
§97.
Alteration
of wills.
§98.
Prob&te of
will.
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