Sometimes, even with a will, it is not possible to claim an inheritance. There are numerous reasons for this, all of which are set out in the law. If you are unsure about the validity of a will or the number of heirs, seek advice from a solicitor.
Who can make a will?
The procedure is considered individual, so a will can only be made in one’s own name. Among the rules for making a will are age restrictions. The document is not considered valid if it is made by:
- persons under the age of 16;
- persons declared legally incompetent;
- persons acting on behalf of another person.
The following may draw up a will:
- adults;
- minors who are married (they acquire full legal capacity upon registration);
- minors who are entrepreneurs or employed and have been granted legal capacity by a court.
Who is entitled to an inheritance?
The absence of a particular category of relatives from a will does not guarantee that they have no interest in receiving the estate. By law, the following are entitled to inherit:
- adult children who are unable to work (disabled persons);
- minors and underage children;
- a disabled husband or wife;
- parents.
The above categories of relatives may claim half of the share to which they are entitled by law.
Contesting a will
Even if you have become the sole heir under a will, the testator’s wishes can easily be contested. This is possible in the following cases:
- the expression of intent was made under duress (physical or psychological);
- the document was drawn up with irregularities (lack of signatures or signatures from persons who were not authorised to do so);
- the will was drawn up in an overly informal manner without complying with regulatory requirements;
- it was not certified by the persons required to do so;
- mandatory heirs were not specified.
To challenge a will, you need to find evidence of its invalidity. This may include:
- witness statements;
- psychiatric expert reports;
- medical certificates.
Is it possible to avoid a will being contested?
It is possible to minimise the risks of a will being contested by using the following strategies:
- have the will notarised;
- obtain a medical certificate confirming full legal capacity;
- use the signatures of witnesses;
- allocate a share of the estate to the categories of compulsory heirs.
Settling an inheritance by will
It is only possible to receive an inheritance upon the death of the testator. However, one may inherit not only property but also debts, along with the obligation to share the inheritance with other persons.
An application for inheritance must be submitted within six months. After that, you need to gather a set of documents and contact a solicitor.
Inheritance solicitor in Kyiv from Svarog
Resolving inheritance disputes is quite straightforward with the help of an experienced solicitor. An inheritance solicitor from our firm will resolve the following issues:
- the validity of the will;
- the possibility of challenging it;
- the procedure for receiving the inheritance;
- the collection of all necessary documents.
Book a consultation with Svarog’s specialists and get more information about the procedure for validating or contesting a will.
Questions and answers
How do I contest a will?
You must provide the court with evidence that the will was invalid and that the heir is entitled to a share of the estate.
Who has the right to contest a will?
Close relatives who are unable to look after themselves have this right. These include:
- an unemployed spouse;
- the testator’s parents;
- minor children;
- adult children with disabilities.
What are the grounds for declaring a will invalid?
The main grounds are as follows:
- drawing up a will in any form without complying with the rules;
- documented influence on the testator’s will;
- a declaration of the testator’s legal incapacity;
- violation of the rights of other heirs.
What evidence is required to contest a will?
It is necessary to prove the person’s legal incapacity by providing relevant certificates. If the will was drawn up under duress, evidence of influence by third parties must be provided.
How long does a will contest take?
A will can only be contested after the testator’s death. The time limit for contesting a will is no more than three years from the date of becoming aware of the infringement of rights.
How much does a solicitor cost to contest a will?
The cost of contesting a will is calculated on a case-by-case basis, as it depends on the complexity of gathering evidence and the court hearings.