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Sulyk Roman

Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law

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Contesting the gift contract

Appealing the donation agreement is one of the services that the specialists of the company “Prikhodko and Partners” specialize in. Despite the fact that a person has the right to dispose of his own property, he is often inclined to dispose of it unprofitably by those who conduct themselves unkindly. For example, donors could manipulate or use a state in which they were vulnerable and did not have the opportunity to understand the meaning of their decisions and actions. When such trouble happened, it does not mean that you have to put up with it. Such a gift should be appealed. Moreover, with professional legal help, the probability of a positive result is very high.

Who can appeal the gift contract

In this case, we are talking about people who are direct heirs. By the way, it does not matter whether it is about heirs by law or by will. This opportunity applies to both categories. Also, if the donor is married, and the dower affects the interests of the husband or wife, then in this case the second spouse can appeal against it. In addition, among the people who dispute the gift, there may be those whose rights she violated.

Even the death of the donor will not prevent the appeal of the donation, because it is about the rights of the heirs.

Оскарження договору дарування

What can be grounds for appeal

Therefore, in order for such a case to be truly successful, lawyers have the task of investigating all the circumstances in which the donation agreement was concluded. For example, if at the time of its signature the donor was in difficult circumstances that other people took advantage of, the contract can be appealed. However, this is not the only reason. There are also high chances of a positive result:

  • The donor’s lack of awareness of his actions at the time of the transaction. For example, he was in a state of altered consciousness or had an exacerbation of a mental disorder by that time. Sometimes people mistakenly believe that only a chronic disorder, reflected in a certain group of the donor’s disability, can be grounds for appeal. But this is not so. There are enough disorders of a temporary nature that also affect a person’s ability to make balanced decisions.
  • Fraudulent actions of other people when concluding a contract. Often such a situation occurs with elderly people, to whom fraudsters promise lifelong maintenance, and then it turns out that the person signed an ordinary gift certificate.

Another reason is the presence of a court decision against the donor that limited his legal capacity at the time when the contract was concluded. So, to sum it up, there is enough reason to appeal to gift contact. Moreover, it happens that the donor did not sign the donation at all, and the property became the property of another person due to forgery of documents. In this case, our team also knows effective algorithms to help the client. We will tell you in more detail about our work in the specified directions.

How do we collect the evidence base to appeal the donation

When it comes to a person’s mental disorder at the time of signing the donation, we carefully examine the testimony of witnesses about his specific behavior in recent times. Indeed, it happens that the actual disorder is not always documented. In such cases, you can appeal to the testimony of witnesses. If there are documents of a psychiatric examination, then it is even better, because the documentation always looks convincing during the trial. Also, of course, we carefully study the content of the contract.

 

Why professional help is essential

When a person wants to appeal a donation agreement, you need to carefully examine the evidence base in your favor, learn significant aspects of the law. It can be very difficult to do it on your own in the absence of legal practice and an understanding of how to win such a case, bringing it to the desired result.

It is equally important to understand that the party in whose favor the contract was implemented will make every effort to defend its point of view, even if there are frank manipulations on its part when signing the donation. Therefore, such a situation is accompanied not only by complex legal work, but also by the need to be resistant to the psychological stress that it creates. When there is the support of good lawyers nearby, it comes much easier.

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Sulyk Roman
Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law

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