The civil legislation of Ukraine makes it possible for each person to express their last will through a will and distribute assets between the heirs. But testators do not always act of their own free will. Moreover, they can be deluded. To avoid problems with inheritance and to clarify the situation, it is necessary to challenge the will.
When can a lawyer challenge a will?
Ukrainian legislation provides for the following cases in which a will can be challenged:
- the deceased wrote a will under pressure and not of his own free will;
- incapacity of the testator;
- incorrect form of the document;
- violation of the certification procedure.
In all these cases, an inheritance lawyer is able to raise the issue of challenging the testamentary act and resolve it in favor of the heir-client. If your loved one turned out to be deceived or wrote a document under pressure, then you can declare the will invalid – to annul its legal force. In such a situation, you will have the opportunity to claim the property in the correct order.
It is worth noting that both the heir and any other person whose rights were violated or violated due to the decisions of the testator can declare challenging the testamentary act. This possibility is enshrined in Article 1257 of the Civil Code of Ukraine.
Inheritance lawyer: guarantee of challenging the will
An inheritance lawyer from Prikhodko & Partners will be able to:
collect evidence of the defects of the will of the testator when drawing up the document;
indicate the legality of the testator – if there are grounds;
report errors in the document;
identify violations of the hereditary procedure.
If you go to a lawyer, you will receive a guaranteed challenge of the will. Otherwise, you will have to independently collect evidence of flaws of will and other grounds for the invalidity of the document.
The result of a successful challenge is the annulment of the consequences of the testamentary act. No property will be transferred to the ownership of these heirs – the procedure will follow a completely different path.
An unfair decision of the testator or his mistake can be corrected. All you need is to contact the attorneys of Prikhodko & Partners.