Is it possible to appeal a lifetime maintenance contract?

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Is it possible to appeal a lifetime maintenance contract?

Reading time: 3 min.

"I give you real estate, you keep me forever."

In practice, this is how relations between citizens who wish to conclude a contract of lifelong maintenance between themselves look like.

At first glance, everything seems clear and simple, they signed a contract, fulfilled their obligations under it, and as a result, received real estate after the alienator's death.

However, what to do if such a contract was concluded with a fraudster in your opinion and how can it be contested? What is the relevance of the chosen topic for today?

Therefore, in this article, we will consider whether it is possible to appeal a lifetime maintenance contract and what needs to be done for this in practice.

How does the legal mechanism of a lifetime maintenance contract work?

The parties to this contract are always:

  • the alienator is a citizen who needs care and is ready to transfer his property to the caregiver. There are no age and health criteria for the alienator, so it can be a person of any age.
  • the acquirer is a citizen or a company that will directly provide lifelong care for the person. If the acquirer is a natural person, then he must be of legal age and fully capable, otherwise, such an agreement can be declared invalid.

How to appeal a lifetime maintenance contract?

Usually, when concluding any transaction, the parties stipulate the conditions under which such an agreement can be challenged or when it loses its validity.

However, if you did not foresee these points when entering into a life maintenance contract, then it is not a problem, because any contract can be contested in court by filing a lawsuit.

There are 2 aspects to the legal subtleties of contesting a lifetime maintenance contract:

  • Appeal of the contract for the life of the alienator. If the parties to a lifetime maintenance contract wish to terminate the contract during the lifetime of the alienator, they can do so voluntarily or by applying to the court in the event that one of the parties wants to challenge the terms of such a contract. It will be necessary to prove a violation of the rights and obligations of one of the parties to the contract;
  • Contesting the contract after the alienator's death. The situation is more problematic in practice since the transaction is considered completed and the real estate must, by law, pass to the buyer. In this case, it will be necessary to prove that the acquirer did not properly fulfill his obligations under the contract during the life of the alienator, and therefore does not have the right to accept real estate.

For example, these can be actions that testify to the non-caring of the alienator - permanent stay abroad, violation of the legal rights of the alienator, etc. (Conclusion of the Supreme Court of Justice of Ukraine in the decision of August 18, 2021, in case No. 645/3284/19).

Thus, in any situation, it is possible to challenge the contract of lifelong maintenance, but it is necessary to collect a thorough evidence base for this.

If you want to challenge the lifetime maintenance contract, then in this case, the best option for solving this issue is to contact professional lawyers - the legal company "Prikhodko and Partners".

Our team has not only perfect knowledge of contract law but also many years of experience in this field, which in turn allows us to provide qualified assistance to our clients. In addition, we always work for the result. So don't delay and come for a consultation!

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