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A will is a document that reflects the wishes of a particular individual regarding their property. In a will, a person may transfer all (or part of) their property to anyone they wish.
Challenging a will regarding an apartment or other real estate may be accompanied by additional demands concerning moving in or eviction from the property in question. After all, other people may have previously lived in the apartment who lost their right to the living space but do not want to move out or impede occupation in other ways. The issue is especially acute when it comes to minor children, whose rights are specially protected in Ukraine.
At the same time, if any relative disagrees with the deceased’s declaration of intent or believes that the deceased was not capable of understanding their actions, they may always go to court and contest the will. If the court declares the document invalid, the will will not be executed.
Declaring a will invalid is a rather difficult category of disputes. Only a qualified lawyer can navigate all the subtleties of such a procedure. To decide whether to declare a will invalid, the court must establish the following facts:
- First the court establishes the following facts: the fact of the testator’s death and the existence of the will to be contested. Therefore, copies of the testator’s death certificate and a copy of the will must be submitted with the statement of claim.
- Next the court determines whether the testator’s declaration of intent was voluntary and examines the necessary information about the plaintiff and the defendant. For example, it is important for the judge to determine whether the plaintiff would have been entitled to inherit if inheritance had taken place according to law.
- The will itself is necessarily examined. Essentially, a will is a unilateral transaction (since it reflects the will of only one person), and there are certain requirements for any transaction. These requirements consist of four components: the subject, its declaration of intent (the subjective side), the content, and the form of the transaction. Accordingly, the court checks all four elements. If at least one element does not meet legal requirements, the court has grounds to annul the will.
Challenging a Gift Agreement
Although a deed of gift is one of the most reliable and clear documents, sometimes it can still be declared invalid. A gift agreement can be challenged under the following circumstances:
- the donor was not of sound mind when executing the agreement;
- the donor was subjected to psychological or physical coercion;
- the gift agreement effectively amounted to a sale or provided for lifelong maintenance, thus contradicting its primary purpose.
Of course, each of these facts must be proven. Challenging an inheritance transferred by deed of gift, including a house or a car, is not easy. This will require far more evidence than, for example, annulling a will on property. But by contacting our lawyers, you will at least double your chances of winning the case.
Unfortunately, these are the main points of this category of cases. Almost every case is individual and has many significant nuances. To ensure a positive outcome, contact the specialists of our company.