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:

Situation analysis. The law firm “Prikhodko and Partners” conducts a detailed analysis of the will, the circumstances of its preparation, and possible violations.
Evidence collection. The evidentiary base may include eyewitness testimony, medical documents, and expert opinions (handwriting, psychological, etc.).
Preparing a lawsuit. Specialists prepare a statement of claim, in which they substantiate the grounds for declaring the will invalid.
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.

Challenge a will

Legal grounds for challenging a will

How to start the appeal procedure?

Preliminary preparation

Stages of contesting a will:

The importance of the evidence base

Difficult cases in contesting wills

How to avoid contesting a will?

Prevention of disputes

Advantages of working with us

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Andrey Prikhodko