Challenging a will after death

A will drawn up by the testator during his lifetime entitles a defined circle of heirs to receive the inheritance or refuse to accept it.

However, if one of the heirs believes, that the will was made illegally or is invalid from the moment it was written, in such a case, it should be challenged in a court of law.

This shows the relevance of the chosen topic for today.

In this article, we will talk about the features of contesting a will after the death of the testator in Ukraine.

When a made will is void?

First of all, it should be noted, that a void will mean a will, which does not create any legal consequences for the heirs, is not enforceable and does not need to be declared invalid in a court of law.

In practice, this means, that such a will does not need to be contested in court, because it is invalid due to the direct indication of the provisions of the current legislation.

So, the will should be considered null and void, if:

• it was compiled by a citizen, who had no right to it. For example:

1. a situation in which a citizen has been recognized in a court of law as incapacitated or as such, who has limited legal capacity due to the presence of mental disorders, or health problems, that is, he does not have the opportunity to realize his actions and understand their consequences;
2. a minor or a minor;
3. legal representative on behalf of the testator.

• it was drawn up in violation of the legal requirements for its form. For example: the will was made orally; the testator did not sign it; was not certified by a public or private notary public, and also by any other person authorized by law, which has the right to certify it.

Importantly! There is no need to go to court to establish the invalidity of the will, since the duty to verify the invalidity of the will is assigned to the notary public.

What are the most common reasons for contesting a will?

• The will was drawn up in violation of the current legislation of Ukraine;
• The testator during the drafting of the will could not be aware of the consequences of his actions and independently decide the determination of the circle of heirs;
• The will was drawn up under the influence of deception on the part of the heirs or any other fraudulent actions;
• During the drafting of the will, the testator was subjected to psychological and physical pressure from the witnesses, notary public, or other persons.

How can a will be contested after the death of the testator?

For, to challenge the will and declare it invalid, you should apply to the judicial authorities with a corresponding application. The reasons should be stated in the application, why the will should be declared invalid, and the appropriate evidence base, which confirms the stated facts.

So, evidence in this category of cases can be:

• Written statements and oral explanations of witnesses;
• The conclusion of the psychiatric health care institution in which it is noted, that at the time of making the will, the person did not have full civil legal capacity;
• Other medical documentation of the testator;
• Resolution of the notary on the refusal to issue a certificate of the right to inheritance;
• Documentation, from which family ties with the testator can be seen.

The above list is not exhaustive and may be supplemented depending on the individual circumstances of each case.

Importantly! A will can be contested only after the death of the testator.

Who has the right to file a lawsuit challenging the will?

As a general rule, only the interested person can apply to the judicial authorities with a claim to declare the will invalid, whose rights and legitimate interests were violated.

Such persons can be:

• citizens, who have a mandatory share in the inheritance after the death of the testator, regardless, of whether there is a made will;
• legal heirs, who, in the absence of a will or its invalidation, could receive the inheritance;
• heirs under another will(if the testator made2and more wills);
• citizen, in whose favor a testamentary disposition was made.

If you have questions about contesting a will after the testator's death, contact the law office "Prikhodko and Partners".

Our lawyers will provide you with the necessary legal advice, during which you will be able to get comprehensive answers regarding problematic issues in the field of inheritance law in Ukraine because we have many years of work experience and thorough knowledge in this particular area of ​​law.