Turnkey support of inheritance cases, preparation of contracts: purchase and sale, donation, mortgage, division of marital property, legal analysis of documents and risk verification (real estate, encumbrances, registers), work with state registers: DRRP, USR, SZK, CAC, debtors' register.

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Probate lawyer

Probate lawyer

A inheritance lawyer accompanies inheritance by will: checks the validity of the document, helps to meet deadlines, evaluates the rights of other heirs, and protects the client’s interests in a dispute.

Assistance is especially needed if there are several versions of the will, the deadline for accepting the inheritance has been missed, or the notary refuses to perform a notarial act.

When a inheritance lawyer is needed

Legal consultation on a will is advisable if the heir cannot find the original document, there is no information about its registration, there are several wills, or there are doubts regarding the valid document.

A lawyer is also needed when the deadline for accepting the inheritance has been missed, there are individuals with a right to a mandatory share, or a conflict has arisen between the heirs.

If there is a suspicion that the will was drawn up under pressure, at a time when the testator was not aware of the significance of their actions, or in violation of the form, an attorney evaluates the grounds for going to court and the evidence base.

Inheritance by will in Ukraine: procedure

Inheritance by will in Ukraine begins after the opening of the inheritance. The notary checks the existence and registration of the will in the Inheritance Register, its validity at the time of the testator’s death, and, if necessary, the relationship between several wills.

It is important for the heir to submit an application for acceptance of the inheritance on time. The general period is six months. If it is missed, the issue can be resolved with the written consent of the heirs who have already accepted the inheritance, or through the court if there are valid reasons.

After opening the inheritance file, documents regarding the heir, the will, and the composition of the property are submitted, and after verification and the expiration of the deadline, a certificate of the right to inheritance is issued.

Advantages of working with Prikhodko & Partners

  • We analyze the will, the circle of heirs, the composition of property, deadlines, and potential litigation risks.
  • We check for contradictions between several wills and evaluate which dispositions remain valid.
  • We form an individual scope of services: from consultation to full notarial or judicial support.
  • We work confidentially with medical documents, inheritance file materials, and family information.
  • We explain procedural risks and possible scenarios for resolving the issue in advance.

 Mandatory share in the inheritance in the presence of a will

Freedom of the will is not absolute. Minor, underage, and adult incapacitated children of the testator, an incapacitated widow or widower, and incapacitated parents may have the right to a mandatory share.

As a general rule, such individuals inherit half of the share that would belong to them in the case of inheritance by law. To calculate it, it is necessary to establish the composition of the inherited property, the circle of statutory heirs, and the scope of property covered by the will.

A lawyer checks the grounds for a mandatory share, helps determine its size, and protects the interests of the parties.

Problems and features of inheritance by will

Problems of inheritance by will are often related to the content of the document or the circumstances of its execution. The conditions may be unclear, the original may be lost, there may be information in the Inheritance Register about several wills, and part of the property may remain outside the will.

Features of inheritance by will also arise in the case of a testamentary burden, imposing duties on the heir, appointing an executor of the will, or the need to interpret provisions.

If part of the property is not bequeathed, statutory inheritance may apply to it. If the notary refuses to perform an act, it is important to obtain a refusal resolution and assess the possibility of appealing it.

Contesting a will in court

Disagreement with the content of the will itself is not a ground for its cancellation. Declaring a will invalid requires legally significant circumstances and evidence.

Among the possible grounds are violations of requirements for the form or attestation of the document, lack of free expression of will, as well as a person’s condition in which they could not realize the significance of their actions or control them.

An inheritance dispute attorney analyzes documents, deadlines, content of the will, and circumstances of its attestation. The court evaluates specific legal facts, not the fact of a family conflict itself.

Evidence for declaring a will invalid

Medical documents, expert opinions, witness testimonies, notary file materials, information about the order of attesting the will, signature documents, and other evidence may be used in the case.

If necessary, the attorney files a motion to request materials that the heir cannot obtain independently. The court evaluates the evidence in its entirety.

It will also be useful: Registration of inheritance

Services of a inheritance lawyer

A lawyer can:

  • provide consultation;
  • conduct an analysis of the will and documents;
  • verify the rights of the heir and possible mandatory share;
  • prepare applications and attorney requests;
  • accompany the client at the notary;
  • conduct negotiations between heirs;
  • prepare a claim, response, and other procedural documents;
  • represent interests in court and appeal a notarial refusal.

Separately, verification of the validity of the will, legal evaluation of several documents, interpretation of disputed provisions, support of a testamentary burden, or actions of the executor of the will can be carried out.

Stages of cooperation with an attorney

  1. Cooperation begins with a consultation and document analysis.
  2. The attorney determines options for action, agrees on goals and contract scope with the client, after which they prepare documents or a support strategy.
  3. Next, the lawyer works with the notary, sends requests, conducts negotiations, or represents the client in court.

Cost of services of an attorney for wills and inheritance

The cost depends on the complexity of the situation and the scope of work. The price is influenced by the number of documents and heirs, verification of several wills, presence of a dispute, need for requesting evidence, number of court sessions, consultation format, and scope of representation.

Additional requests, expert opinions, or work with foreign documents can affect the budget.

Service What is included
Will consultation Analysis of the situation, deadlines, heir rights, and risks
Will analysis Verification of content, validity, multiple wills, and mandatory share
Notarial support Preparation of applications, documents, communication with the notary
Judicial support Preparation of claim or response, evidence, representation in court
Comprehensive support Handling the case until registration of inheritance rights or resolution of the dispute

Inheritance by will requires verification of the validity of the document, compliance with deadlines, correct determination of the composition of the inheritance, and rights of other individuals.

A inheritance lawyer will help assess risks, prepare documents, and protect the client’s interests in a notarial or judicial procedure. For an individual strategy, contact the specialists at Prikhodko & Partners.

Calculate the cost of services

1 question

Can a will be challenged before the death of the testator?

Yes
No

2 question

Is the obligatory share in the inheritance allocated regardless of the will?

Yes
No

3 question

Even a notary does not read the text of a secret will after it has been drawn up?

Yes
No
Frequently asked questions about the procedure

How does inheritance by law differ from inheritance by will?

By will, property passes to persons specified by the testator. Statutory inheritance applies, in particular, to property not covered by a will, or when the will does not give rise to corresponding inheritance consequences.

 

What to do if the deadline for accepting inheritance by will was missed?

It is necessary to find out if it is possible to resolve the issue with the written consent of the heirs who accepted the inheritance. If not, provided there are valid reasons, you can apply to the court to set an additional deadline.

Can a will be contested if it seems unfair?

Mere dissatisfaction with the content of the will is not a ground for declaring it invalid. Specific legal grounds and evidence of violation of the law are required.

 

What to do if there are several wills?

The notary evaluates them taking into account content and time of execution. A lawyer can verify which dispositions are changed or revoked by a later will.

 

Is it possible to renew the period for accepting inheritance by will?

The court may set an additional period if the deadline was missed for a valid reason. The prospect depends on specific circumstances and evidence.

How much does it cost to execute a will?

The price depends on the notary fee, complexity of the text, legal consultation, and additional actions. For non-standard conditions, testamentary burdens, or appointing an executor, the scope of work will be larger.

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