Disputes Regarding the Invalidation of a Will

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 requiring the protection of such rights and interests is civil law, including issues related to the invalidation of a will.

By turning to our specialists, clients of the “First Legal” Law Firm undoubtedly gain the following advantages:

When providing legal assistance, the “First Legal” Law Firm is guided solely by the priority of the client’s interests, doing so in the shortest possible timeframe for the client;
At the client’s request, our specialists provide comprehensive support in court proceedings – from preparing all the necessary documents to file a claim to obtaining and, if desired, enforcing the court’s decision in the case;
Our Firm’s specialists have significant experience in representing clients’ interests in court;
The “First Legal” Law Firm has been providing legal services since 2008 and has an outstanding reputation among other market players offering legal services in Ukraine.

Current Ukrainian legislation provides an exhaustive list of grounds for declaring a will invalid. It stipulates that a will made by a person who had no right to do so, or a will made in violation of the requirements concerning its form and certification, is void. At the request of an interested party, a court declares a will invalid if it is established that the testator’s will was not free and did not reflect his or her actual intentions.

Wills are deemed invalid if:

The testator’s expression of intent was not free and did not reflect his or her actual will;
They were made by a person who did not have the right to do so (a person lacking the necessary legal capacity to make a will);
They were made in violation of the requirements concerning its form and certification (lack of notarization or certification by those whose authority is equated to that of a notary, preparation of a will by a representative, absence of the date or place of execution in the will, etc.).

According to these provisions, a valid will is one certified by an authorized person with the legal right to do so, contains no violations of form or certification requirements, and reflects the free and genuine expression of the testator’s will.

When deciding whether to file a lawsuit to have a will declared invalid, it is also necessary to determine whether the person in question is an “interested party” in the case. Only those individuals whose subjective inheritance rights (heirs by law, heirs by another will, legatees) are infringed by the making (execution) of what they claim to be an invalid will are considered interested parties and authorized to bring claims for invalidation of the will.

By contacting the “First Legal” Law Firm, our experienced specialists will help gather sufficient evidence of the client’s status as an interested party for filing the aforementioned lawsuit in court. Moreover, our specialists have successfully defended the rights and interests of interested parties in cases to invalidate a will as a unilateral legal act. Naturally, each situation is unique and has its own nuances that require prior analysis, a detailed examination by experts, and a plan of further action.

The “Persha Yurydychna” Law Firm offers the following range of services to represent a client’s interests in disputes related to invalidating a will:

Legal analysis of the situation, consultations (oral or written), and formation of a legal position;
Collection and/or search for evidence to properly protect the client’s interests, in particular by sending attorney requests;
Preparation of the necessary documents for filing a lawsuit in court;
Drafting a claim with a maximum focus on the client’s interests;
Court representation of the client’s interests during the first-instance proceedings, including participation in hearings, preparation of all procedural documents, etc.;
If necessary, our specialists also represent the client’s interests in the appellate and/or cassation courts.

By turning to the “Persha Yurydychna” Law Firm, you will undoubtedly receive high-quality legal assistance and achieve the desired outcome!