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Challenge a will

Challenge a will

The issue of contesting a will belongs to the most complex categories of inheritance cases, as it requires a solid evidentiary base and professional legal support.

The law firm “Prikhodko and Partners” specializes in resolving such cases and is ready to provide you with qualified assistance in protecting your inheritance rights.

Legal grounds for challenging a will

The legislation of Ukraine provides an exhaustive list of grounds on which a will may be declared invalid.

Let’s consider the main ones:

Violation of the procedure for drawing up and certifying

A will may be declared invalid if the procedure established by law for its preparation and certification was violated. This includes the absence of notarial certification (except in cases provided for by law), violation of the secrecy of the will, the absence of the testator’s personal signature, or improper execution of the document.

Incapacity of the testator

If at the time of making a will, a person was recognized as incompetent or was in a state where they could not realize the significance of their actions and control them (due to illness, use of medications, alcohol, etc.), such a will may be challenged.

Impact on willpower

A will made under pressure, influence of violence, fraud, threats, or as a result of a malicious agreement between a representative of one party and another is subject to recognition as invalid due to violation of the principle of free will.

Violation of the rights of compulsory heirs.

According to the legislation of Ukraine, certain categories of persons have the right to a mandatory share in the inheritance regardless of the content of the will.

How to start the appeal procedure?

The process of challenging a will begins with the filing of a claim with the court.

Preliminary preparation

Before starting the appeal procedure, you must:

  • Collect all available documents related to the inheritance case
  • Obtain a copy of the contested will
  • Prepare evidence supporting the grounds for invalidity
  • Identify potential witnesses
  • Calculate the statute of limitations

Stages of contesting a will:

  1. Situation analysis. The law firm “Prikhodko and Partners” conducts a detailed analysis of the will, the circumstances of its preparation, and possible violations.
  2. Evidence collection. The evidentiary base may include eyewitness testimony, medical documents, and expert opinions (handwriting, psychological, etc.).
  3. Preparing a lawsuit. Specialists prepare a statement of claim, in which they substantiate the grounds for declaring the will invalid.
  4. Representation in court. We protect the interests of clients at all stages of litigation.

The importance of the evidence base

The basis for a successful will challenge is carefully collected evidence. For example, if the testator is incapacitated, medical documents confirming his health at the time of the will are key.

In the case of suspicion of coercion or fraud, eyewitness testimony and other indirect evidence are key. Sometimes situations arise when the testator’s signature is forged, in which case the evidence base will be the results of a handwriting examination.

It will also be useful: Estate Litigation Attorney

Difficult cases in contesting wills

  1. A will made abroad. If the document was issued outside of Ukraine, there may be questions about its compliance with Ukrainian legislation. We will help you collect the necessary documents and have them legalized.
  2. Conflicts between heirs. Often, contesting a will is accompanied by serious conflicts within the family. Our lawyers help find a compromise, maintaining a balance of interests for all parties.
  3. Challenging multiple wills. In the event that there are multiple versions of a will, the court determines which one has legal force. We assist in analyzing all documents and choosing the optimal protection strategy.

How to avoid contesting a will?

To minimize the risks of a will being declared invalid, it is recommended to:

  • Make a will with a notary. This ensures compliance with all formal requirements.
  • Involve witnesses. In the event of a dispute, their testimony can be important evidence.
  • Legal advice. A qualified specialist will help you properly prepare the document and take into account all legal nuances.

Prevention of disputes

To prevent possible disputes regarding the will, we also offer:

  • Professional advice on drawing up a will
  • Legal support for the procedure of probate of a will
  • Assistance in the correct preparation of all necessary documents

договір управління активами

Advantages of working with us

  • Many years of experience in will contestation cases
  • Individual approach to each case
  • Highly qualified specialists
  • Privacy

Contact the law firm “Prikhodko and Partners” if you are faced with the need to challenge a will. Our specialists are ready to provide you with professional assistance and protect your interests in court.

Calculate the cost of services

1 question

Can a secret will be disputed?

Yes
No

2 question

Is there a right to declare contestation of a will without being an heir?

Yes
No

3 question

Will a lawyer be able to identify errors in the testamentary act?

Yes
No

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