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Оспаривание завещания

For contesting the will require to file a claim in court, filing of this statement can be carried out after the death of the testator.

Moreover, only the citizen whose interests, and rights were violated in this will has the right to apply to the court. As a rule, we are talking about those who had the right to inheritance by law but lost it because of the specified information in the will. After the inheritance has been opened, a trial may be held.

Reasons that indicate the invalidity of the will

All invalid wills are classified as follows:

  • insignificant
  • disputed.

According to Part 1 of Article 1257 of the Civil Code of Ukraine, a will that was made by a citizen who has no right to dispose of this property, or a will that was made in violation (incorrect registration, certification) is considered null, and void.

Such wills include the following documents:

  • A will that was made by an individual who is considered incapacitated.
  • Documents that were incorrectly notarized (violation of rules, and regulations according to the laws of Ukraine).
  • Documents that were certified in the absence of witnesses.
  • A will made by a representative of the testator or certified by a person who does not have the right to do so.
  • Secret wills that were notarized in violation of the rules.
  • A will that specifies the property that appears in the inheritance agreement.

At the same time, it should be noted that to confirm the nullity of the will, an appeal to the court is an optional condition, since the verification of nullity must be carried out by a notary.

If the will is determined to be a null, and void document, the notary has the full right to refuse to issue a certificate of inheritance. If the heirs think that the actions of the notary do not comply with the law, then you can appeal against his decision in court.

According to Part 2 of Article 1257 of the Civil Code, a will may be considered invalid by a court decision if it is proved that the document was not drawn up by the will of the testator. This list includes situations where the will was made by an individual who did not understand what was happening, as a result of influence from other people, as a result of threats or deception.

Also, a will may be considered partially invalid if the list of heirs does not include all persons, there are no persons who are entitled to a mandatory share.

One of the main reasons for challenging a will in court is that the testator did not sign the document of his own free will. To prove this fact, information obtained as a result of the forensic psychiatric examination is taken as a basis. The court may appoint this examination at the request of one of the participants in the organized process. In some situations, the court may order a handwriting examination.

However, the expert’s opinion is not decisive but is considered together with other evidence in court. But the panel of judges pays the utmost attention to these conclusions, which play an important role during the final decision.

In part 4 Article 1257 of the Civil Code of Ukraine States that an heir who was deprived of inheritance rights under such a will can resume his rights under the law. To avoid such problems, we recommend that you take into account all the features of making a will. At the same time, it is better to appoint a person who is considered not interested (not included in the circle of potential heirs) as an Executive person.

With the help of Kasyanenko & Partners Law Company lawyers, each client has the opportunity to challenge a will that violates their rights, and interests. The lawyer will protect the interests of the client in court, and will achieve a fair decision.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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