The testament’s refutation in Ukraine

The testament’s refutation in Ukraine

Is it possible to challenge the testament in Ukraine? This is a rather complicated and confusing process. It is necessary to consider the current law, the bases and the reasons for the will’s invalidation. People whose rights have been violated go to a court usually.

What could be the reasons for refutation?

It is useful to consult a lawyer while creating a will. It it easy to appeal this document if it was incorrectly drawn up. The reasons for refutation:

• The will does not correspond to the testator’s will

• The document is drawn up by a person who did not have legal rights to do

• The registration requirements violation

• It will be difficult to refute if the will was made under the requirements.

The will does not correspond to the testator’s will. What does it mean? This is when a person is unaware or unable to control their actions. A forensic psychiatric examination is necessary to prove this in a court. It can to be carried out both during a person’s life and posthumously.

You can also challenge a testament made by a person against his will. This means situations when a person has been subjected to mental or physical pressure to obtain what is necessary signature.

The will may not be completely refuted. Only part of it can be refuted. The document remains valid but some of its positions are not.

A testator may leave an inheritance to persons who are not members of his family under current law. That’s means the will cannot be refuted for this reason.

When does the law allow an appeal against a will?

An appeal is possible only when the testator died.  There is a certain legal feature in this matter. Three years are allowed to appeal the will.

How to appeal this document?

The court has jurisdiction to invalidate the will. Only this institute can consider such issues.

So a claim statement is filed in a court when there is a need to appeal the will. The claim statement is sent to the defendant’s registration place when the plaintiff opposes an individual.

The claim is sent to the court (where this property or land is located) if the the claim object is a property or land.

The will is appealed at the concerned  person request under the current law. It is not stated who exactly belongs to the list of these persons. There are usually:

1. Parents

2. Children

3. Wife or husband

It is also the person who was mentioned in another will. The usual rules for the property division come into the force if the will invalidated. The inheritance divide under the current law. The husband, wife or children are the first to claim the inheritance.

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