The inheritance contract is an integral part of the regulation of legal relations between persons, since as a result of its execution, the property of the deceased can be inherited.
However, in practice, sometimes there are conflicts and disputes between the parties to the contract, and as a result, the question of contesting it arises. This shows the relevance of consideration of this topic for today.
Therefore, in this article, we will talk about how it is possible to challenge an inheritance contract while analyzing the current provisions of Ukrainian legislation.
How to appeal the inheritance contract?
From the analysis of legal acts, it can be seen that the contract of inheritance can be terminated both at the request of the alienator and the acquirer since the Civil Code of Ukraine provides them with such a legal right in Article 1308.
However, other persons (for example, the heirs of the alienator) cannot make claims against the acquirer for the purpose of terminating the inheritance contract.
Therefore, the legislator clearly defined the grounds for terminating such an agreement. And what about his appeal?
As a general rule, only the parties to this contract can challenge the inheritance contract by filing a claim with the judicial authorities, this is also stated in the decision of the Supreme Court as part of the Joint Chamber of the Civil Court of Cassation in case No. 591/1419/20 dated April 10, 2023.
The expropriator must prove the fact that the other party to the contract does not properly fulfill his obligations (for example, to provide the expropriator with the necessary food products at his expense, appropriate means of treatment if the expropriator needs them, etc.).
The acquirer must prove the circumstances that he is physically and materially unable to carry out the instructions of the alienator (for example, the presence of an illness or hospitalization in a hospital, etc.).
What does the statement of claim consist of if you dispute the inheritance contract?
First of all, it should be noted that the claim for challenging the inheritance contract is filed based on the physical location (location) of the property or its main share, which was specified directly in the inheritance contract.
Along with the statement of claim, you should submit:
- copies of documents certifying your identity – passport of a citizen of Ukraine, etc.;
- copy of RNOCPP;
- a copy of the inheritance contract concluded between the parties;
- a receipt for the payment of the court fee. As of 2023 – UAH 1,073.60. If you are exempt from paying the court fee (for example, disability group 1 or 2), then documents confirm this fact.
It is worth noting that when drawing up a statement of claim, you should comply with the legislative requirements provided for by the Code of Civil Procedure of Ukraine, namely in Articles 175 and 177. In addition, the submitted documents must be duly certified and contain the signature of the person, full name, date, etc. “in accordance with the original” etc.
What are the main differences between an inheritance contract and a lifetime maintenance (care) contract?
The main differences are:
- The moment of acquisition of ownership. An essential condition of the inheritance contract is the acquisition of the right of ownership only after the death of the alienator, and under the contract of lifelong maintenance, the right of ownership of the acquirer arises from the moment when the notarization of the contract took place or its state registration was carried out.
- Although the name of the inheritance contract comes from inheritance in general, this contract is not an inheritance contract, since the legal norms regulating its provisions form an institution of binding, not inheritance law;
- According to the lifetime maintenance contract, the acquirer’s right of ownership is limited, since he does not have the right to perform any actions with the property, which should be transferred to him under the maintenance contract, before the alienator’s death. Also another legal nuance, the acquirer has the obligation to carry out the burial of the alienator in case of his death, even if such provisions were not provided for in the lifetime maintenance contract.
Do you have a life situation where you need to contest the inheritance contract? When such circumstances arise, it is absolutely necessary to contact professional lawyers – the “Prikhodko and Partners” law firm.
Our team understands the specifics of contesting inheritance contracts, and the differences from lifetime maintenance contracts, as we have many years of experience in solving similar issues. So don’t delay and contact us!