If you discover an unusual decision by a deceased loved one to leave their property to another person, first ensure the legality of this decision. It’s best to consult a lawyer who will thoroughly analyze the situation and help resolve the matter in court.
Unfortunately, there are increasing cases where dishonest individuals, seeking quick gains, use unscrupulous methods to influence an elderly person to create a will in their favor, thereby depriving legitimate heirs of their inheritance rights. Don’t give up without a fight; seek the help of lawyers specializing in inheritance law to protect your rights in court.
According to Article 1233 of the Civil Code of Ukraine, a will is a personal directive of an individual for the case of their death. A will is a unilateral act, as it depends solely on the will of the testator. The will only directs the emergence of rights and obligations for the heir, but it does not create them until the moment of the testator’s death. The directive contained in the will comes into effect only upon the death of the testator.
A will can be invalidated only through the court by filing the appropriate lawsuit in the district court where the inheritance is opened (where the deceased testator resided).
There are several reasons that can lead to a will being declared invalid:
- The will was made by a person who does not have the right to do so, such as an incapacitated person.
- The will was made with violations of the established requirements for its drafting and certification.
- If the testator’s declaration of intent was made under coercion or deception and did not reflect their true will.
These grounds can be used to file a lawsuit for the invalidation of a will in court.
An important step in invalidating wills in Ukrainian courts is conducting a handwriting analysis. The main tasks of this analysis include identification, aimed at establishing the specific author of the manuscript in question or determining whether two or more manuscripts or their various fragments were written by the same person, and diagnostics, aimed at establishing the conditions under which the manuscript was written and the state of the author.
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The Lawyers and Realtors Association of Ukraine (AROU) has been helping its clients for many years to invalidate wills for various reasons. We also assist in the procedure of conducting handwriting analysis, understanding that it can be difficult for an ordinary citizen to know all the nuances.
