How to certify a will in a hospital: is it necessary to call a notary

Drawing up a will is a responsible step that allows a person to independently determine the fate of their property after death. However, life often presents unforeseen situations – a serious illness, a stay in hospital, or restrictions on mobility. In such circumstances, a natural question arises: is it possible to have a will certified without leaving the hospital ward, and is it mandatory to call a notary for this purpose? Here is the full translation into English:

General rules for making a will
According to Articles 1233–1240 of the Civil Code of Ukraine (CCU), a will is a personal instruction of an individual for the event of their death. The will must be executed personally and in written form, with mandatory notarization. Exceptions are provided only for special circumstances – when, due to their state of health or place of stay, the testator cannot apply to a notary.​

The main form of a will is a notarized one. That is, the testator applies to any notary (state or private), who checks their legal capacity, explains the provisions of the CCU on wills, identifies the testator, certifies the signature, and registers the will in the Inheritance Register.​
But what should be done when a person is physically unable to come to a notary’s office?

A will in hospital: who may certify it
The Civil Code and the Law of Ukraine “On Notariate” provide for a number of officials who are entitled to certify wills in exceptional circumstances when a notary is unavailable.​
In particular, part three of Article 1251 of the CCU establishes that if a citizen is in a hospital, sanatorium, or another healthcare institution, their will may be certified by the chief physician, their deputy for medical affairs, the duty doctor, or the head of the hospital. Such certification is legally equivalent to notarization.​

Therefore, it is not always necessary to call a notary to the hospital. If the medical institution has an official authorized to certify wills, this person can do it directly on site, and the document will have full legal force.​

Form and procedure of certification
A will made in a hospital must be drawn up in written form and indicate:

• the date and place of execution;
• the surname, first name and patronymic of the testator and of the official who certifies the document;
• the full text of the expression of will regarding the disposal of property;
• the testator’s signature or, in exceptional cases, the signature of another person acting on the testator’s instruction (provided that the testator cannot sign personally – this must also be stated in the will).​

The medical official who certifies the document must make a certification inscription, similar to a notarial one, and indicate the legal basis for their authority to certify the will. In particular, they refer to Article 1251 of the Civil Code of Ukraine.​
If the hospital keeps a log for registering such actions (according to its internal rules), the will is entered in this log, and one copy is submitted to a justice authority or a notary for its subsequent inclusion in the Inheritance Register.​

Does it make sense to call a notary to the hospital?
Despite the legal possibility of certification of a will by the chief physician, in practice doubts often arise regarding the legal “cleanliness” of such documents, especially if, after the testator’s death, family disputes emerge. Court practice knows cases where wills certified by a doctor were found invalid due to procedural violations – such as the absence of a clearly recorded date, details of the identity document, or the testator’s signature.​
Therefore, if the state of health permits, it is advisable to invite a notary directly to the hospital. The Law “On Notariate” allows a notary to travel to an individual to perform notarial acts outside the office – at the person’s place of stay. In this case the notary brings the forms, registration books, witnesses (if necessary), performs certification, and enters the document into the register in the general manner.​

The cost of such a service depends on the notary’s fees and the complexity of the trip, but the document will have the highest level of protection against possible disputes or doubts as to its validity.​

Advantages of certification of a will by a doctor
Certification of a will by the chief physician or the duty medical officer has several advantages in situations where time is of the essence:

• speed – there is no need to wait for a notary to arrive;
• accessibility – it is possible even if the patient is in a serious condition;
• no charge – such an action is usually not charged as a notarial service.​

However, it should be remembered that a medical worker does not have the technical capacity to check whether earlier wills exist. They do not enter the document into the notarial register, so it may be more difficult for heirs to prove the validity of the will in the future.​

Special cases: military hospitals, isolation, communication restrictions
In military hospitals or during martial law, a will may be certified by the commander (head) of the military unit or hospital. Similarly, in places of detention it may be certified by the head of the penitentiary institution. Such documents have full legal force if they meet the formal requirements and, after the testator’s death, are transferred to the notarial archive or the relevant territorial justice authority.​
It is also important that the other party (the certifying person) has no direct interest in the content of the will – for example, is not a potential heir.​

What relatives or medical staff should do
If a patient in hospital has expressed a wish to make a will, it is necessary to:

1. Inform the chief or duty doctor about the patient’s intention.
2. Ensure that the patient’s passport and tax identification number are available.
3. Provide a blank sheet of paper or a special form for the will.
4. Ask the doctor to make the certification inscription in accordance with Article 1251 of the CCU.
5. It is desirable that two witnesses be present at the signing (especially if the patient is in a serious condition).
6. Hand one copy of the will to relatives or a notary for its entry into the Inheritance Register.​

If the person’s condition is stable and there are no restrictions on movement, it is better to call a notary – this form of will is more reliable from a legal standpoint.​

Conclusion
Staying in hospital is not an obstacle to making a will. Ukrainian legislation allows it to be certified both by a notary and by an authorized medical worker, but the second option should be used only in exceptional circumstances. In all other cases, it is advisable to execute the will through a notary, who will ensure legal accuracy, electronic registration, and proper recording of the expression of will without the risk of later challenges.​

Author – Svitlana Krutorohova, attorney at the law firm “WINNER” Law Firm.​
If you have questions or problems related to drafting or certifying a will in special circumstances, contact WINNER Law Firm for advice – the team will help to draw up the documents properly and protect your right to freely dispose of your property.