Contesting the actions of the executor of the will

When making a will, the testator can foresee not only a certain circle of heirs who can inherit the property after his death and in what share, but also directly the executor of the will.

Who is the executor of the will, why is he appointed and how can the actions of the executor of the will be challenged - lawyers from the "Prikhodko and Partners" law office tell in this informative article.

Who can be considered the executor of the will?

The executor of the will should be understood as a citizen who must directly monitor compliance with the instructions and orders specified in the will. That is, it can be said that such a citizen acts as a guarantor of compliance with the will of the testator, which is specified in the will.

It is worth noting that a citizen can become an executor of a will only voluntarily and with his consent. Such consent to become the executor of a will can be expressed in a written application submitted by a citizen or in the text of the will itself, etc.

Who has the right to appoint an executor?

From the analysis of the current legislation of Ukraine, it can be seen that the executor of the will can be appointed not only by the testator himself but also by the heirs, a public or private notary, as well as an authorized person of the local government at the place of opening of the inheritance. In addition, it is worth noting that there may be several executors of the will, not just one person.

The heirs can appoint another executor of the will in the event of an appeal to the judicial authorities with a claim for removal executor of the will appointed by the testator.

In the lawsuit, individuals must substantiate that the executor is unable to fulfill the will of the testator, for example (due to the presence of a serious and incurable illness, death or declaration of his death, missing person, disability, partial loss of legal capacity, etc.).

After considering this lawsuit, the court examines all the circumstances of the case and, if there are grounds for its satisfaction, appoints a new executor of the will, if the heirs cannot independently identify him and propose it to the court.

A public or private notary appoints the executor of the will if the testator has not identified such a person, or the previous executor evades the execution of the will, or he has been removed from the duties of its execution and if the interests of the legal heirs require it.

How to challenge the actions of the executor of the will?

The provisions of the Civil Code of Ukraine provide that the actions of the executor of the will are subject to judicial appeal (Article 1293 of the Civil Code).

The subjects of the appeal in this case are:

• heirs;
• their legal representatives;
• territorial bodies of custody and care.

However, an important condition for an appeal is a violation of the current legislation of Ukraine and the legitimate interests of the heirs. Legitimate interests can be the establishment of equality between all heirs under the will, protection against deprivation of the right to inheritance and its practical implementation, etc.

Importantly! The statute of limitations for cases related to challenging the actions of the executor of the will is set at 1 year. Its course begins from the moment when the citizen learned about the violation of his legal rights.

If you want to challenge the actions of the executor of the will, then in this case you cannot do so without qualified legal assistance from the Prikhodko and Partners law firm.

Our specialists understand the intricacies of inheritance law because they have many years of practical experience in its application in judicial authorities.

In addition, we guarantee to obtain the desired result when contacting our company. So don't delay and come for a consultation!