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no WILLS OF RUSSIAN SUBJECTS ABROAD. P. iv., Сн. vi.
§94.
"Wills drawn
up in the
form of
Russian
Krepost "
notarial
deeds.
§95.
Domestic
wills.
2. The will may be drawn up abroad and legalised by a Russian
Consul in the form of a Russian Krepost (notarial) deed. This form
is of importance in the cases mentioned in Art. 106S of the Civil Code,
in which only Kreposti (notarial wills) are recognised as valid, viz.,
in certain cases relating to family real estate. Art. 1078 of the Russian
Code of Civil Laws (Ed. 1887) is as follows :—" The production of
wills of Russian subjects drawn up abroad to Russian Consuls or
Ministers, is equivalent to the drawing up of the same document in
Russia in the form of a ’ krepost ’ (notarial) deed, and these wills,
when produced in the legally prescribed manner to such Consulate
or Legation are recognised as having the validity of such ’ krepost ’
(notarial) deeds." This article establishes the order of procedure
according to which Russian subjects are permitted to draw up and
execute wills abroad in the form of " krepost " (notarial) deeds, and
the rules to be observed in this case are stated in Art. 12, paragraph 4,
of the Consular Regulations, viz., the will is produced before the Consul
and is entered, word for word, in the special book kept at the Consular
Office for the registration of wills.1 It is then returned to the testator
with a Consular legalisation, which states that the will has been entered
in the Consular book after having been produced to the Consul by
(name of the person by whom the will was produced) on the (date on
which it was produced). The Consul also states in his book the
manner in which the will was presented to him, i.e. whether by the
testator himself, or through an authorised representative, or whether
it was sent by post, and, if so, by whom, when, and in what manner.
After the entry of the full text of the will, the testator, or his
representative, must sign his name in the book, below the text of the will.
In the case of a will sent by post, this signature is dispensed with.
As the entry of the will in the Consular book could hardly be made
in any other language than Russian (cf. Art. 97 of the Russian law
respecting Notaries Public) the will must be written in that language,
no legislative provision having been made for any other contingency.
3. The will may be drawn up as a domestic will in accordance
with Russian law, without the co-operation of any public authority
whatever. Although this form of will does not require to be
produced at a Russian Consulate, there is no reason why a Consul should
refuse a possible request to legalise the signature of the testator or
witnesses to such a document. However, the performance of this
formality does not give the will the character of a notarial will.
The following regulations must be observed : A domestic will
drawn up in accordance with Russian law may be written on ordinary
paper of any shape or size, including ordinary letter paper, provided
such paper, consisting of two halves, forms only one whole sheet ;
wills written on parts torn off a sheet, or on scraps of paper, are not
valid.2
The " domestic will " must be written either wholly by the testator
himself, or at his request and from his dictation, and in either case
the document must be signed by him. The signature must give the
testator’s name, patronymic and family name or surname.3
See under heading " Archives and Office."
Code of Civil Laws, Art. 1045.
Code of Civil Laws, Art. 1046.
94, 95.
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