Disputes Concerning the Removal from the Right to Inherit

One of the most in-demand services provided by the “First Legal” Law Firm is representing clients’ interests in court. The most common legal area where there is a need to protect and uphold these interests is civil law, including issues related to removing an heir from the right to inherit.

By choosing the “First Legal” Law Firm, you gain the following advantages:

  1. The “First Legal” Law Firm has been providing legal services since 2008;
  2. Our Firm’s specialists have substantial experience in representing clients’ interests in court;
  3. When providing legal assistance to a client, the “First Legal” Law Firm is guided solely by the client’s interests as the priority, within the shortest possible timeframe;
  4. At the client’s request, our Firm’s specialists provide comprehensive support in court proceedings – from preparing all necessary documents for filing a lawsuit to obtaining and, if the client wishes, enforcing the court’s decision.

Current legislation sets out several grounds upon which heirs, whether under the law or by will, may be removed from the right to inherit.

Article 1224 of the Civil Code of Ukraine stipulates that persons who do not have the right to inherit are those who:

  • Intentionally deprived the testator or any potential heirs of life or attempted to take their life;
  • Intentionally prevented the testator from making a will, amending it, or revoking it, thereby facilitating the creation or increase of their own or others’ inheritance rights;
  • Do not have the right to inherit by law if they are parents deprived of parental rights over the child, which rights were not restored at the time the inheritance was opened;
  • Do not have the right to inherit by law if they are parents (adoptive parents) and adult children (adopted children), as well as other persons who avoided fulfilling their obligation to support the testator, provided a court has established this fact;
  • Do not have the right to inherit from one another if their marriage is invalid or has been declared invalid by a court decision;
  • Evaded providing assistance to the testator, who, due to old age, serious illness, or disability, was in a helpless condition (as established by a court decision).

When filing a lawsuit to remove heirs from the right to inherit, our specialists consider all circumstances that are (or may be) grounds for removing a particular heir from the right to inherit. Such circumstances must be established by the relevant and admissible evidence, such as a court decision or final criminal verdict (res judicata) finding an heir (by law or by will) guilty of a crime against the testator; or witness testimony proving that the heir deliberately refused assistance to the testator, who, due to old age, serious illness, or disability, was in a helpless condition. In such cases, attention must be paid to the heir’s conduct, their awareness of their duty to provide assistance, its necessity for the testator’s survival, their ability to provide such assistance, and the conscious failure to fulfill the obligation established by law, as well as other evidence.

In any case, each situation is unique and requires prior analysis, a detailed study by specialists, and determining a further plan of action that accounts for the specific circumstances of the case.

The “First Legal” Law Firm offers the following range of services to represent a client’s interests during disputes related to the removal from the right to inherit:

  • Legal analysis of the circumstances, oral or written consultations, and development of a legal position;
  • Collection and/or search for evidence to properly defend the client’s interests, in particular by sending attorney requests;
  • Preparation of the necessary documents for filing a lawsuit in court;
  • Drafting a civil lawsuit for removal from the right to inherit;
  • Court representation of the client’s interests during the examination of the case in the first-instance court, including participation in court hearings and preparation of all procedural documents, etc.

If necessary, our specialists also represent the client’s interests in the appellate and/or cassation courts.

By contacting the “First Legal” Law Firm, you are guaranteed the opportunity to receive high-level legal assistance and achieve the desired outcome.