Challenging a will

The most important thing to bear in mind: the unfairness of a will does not constitute grounds for its annulment. “My father left everything to a neighbour”, “I was passed over, even though I looked after him” — these are not legal arguments. A will is a free expression of one’s will, and it is precisely this that the court protects.

A will may only be contested on specific grounds set out by law: the testator did not realise the significance of their actions, they were under duress, the form of the will was not complied with, or the right to a compulsory share was infringed.

And one more thing: a will cannot be contested whilst the testator is still alive (Article 1257 of the Civil Code). The right to bring a claim arises only after the estate has been opened.

+38 095 554-54-24 — legal advice

Valid grounds

The testator was not aware of the significance of their actions. Dementia, Alzheimer’s disease, the after-effects of a stroke, the influence of potent medication, or a mental disorder. This is determined by a posthumous forensic psychiatric assessment, which is carried out on the basis of medical records, witness statements and the case file. This is the most common and most promising ground — but it depends entirely on medical documentation.

Coercion, deception, violence on the part of the person in whose favour the will was drawn up. This is substantiated by witness statements, correspondence, reports to the police, and evidence of the testator’s isolation from their family.

Breach of formal requirements. A will must be in writing and notarised (Article 1247 of the Civil Code). An exception is made for certifications equivalent to notarisation (by a chief medical officer, a ship’s captain or the head of a penal institution), but these are subject to strict conditions. A breach of the certification procedure constitutes an independent ground for invalidity.

The will was drawn up by a person lacking legal capacity or by a person who did not have full legal capacity at the time of drawing it up.

The right to a compulsory share has been infringed. This is the most underestimated ground for invalidity — and it is discussed separately below.

The will was drawn up on behalf of several persons (except for a joint will by spouses regarding joint property) or signed by another person in breach of the rules.

Statutory share: this cannot be waived by a will

Regardless of the will’s contents, half of the share to which they would be entitled by law is received (Article 1241 of the Civil Code):

• the testator’s minor children;
• adult children who are unable to work (due to disability or having reached retirement age);
• a widow or widower who is unable to work;
• parents who are unable to work.

This right cannot be revoked by a will. In other words, even if you are not mentioned at all in the will but fall within this list, you are entitled to half of what you would have received by law.

It is often not necessary to contest the entire will: it is sufficient to file a claim for the allocation of the compulsory share. This is a simpler, cheaper and far more likely to succeed. This is where we begin our analysis.

What we prove in court

A challenge to a will is won on the basis of documents, not emotions:

• the testator’s medical records — outpatient records, discharge summaries, prescriptions, and details of hospitalisations. This forms the basis for the expert assessment;
• the report of the posthumous forensic psychiatric assessment — key evidence;
• testimony from relatives, neighbours, social workers and doctors regarding the testator’s condition;
• evidence of pressure or isolation — correspondence, reports to the police, witnesses;
• documents confirming your right to a compulsory share — pension card, certificate from the Medical and Social Expertise Commission (MSEK), birth certificate.

Most importantly: medical records must be gathered before filing a claim. We make solicitor’s enquiries to healthcare institutions — it is almost impossible to obtain someone else’s medical records on your own.

Time limits

There is no specific time limit for contesting a will — the general limitation period of three years (Article 257 of the Civil Code) applies from the moment a person became aware, or could have become aware, of the infringement of their right. This is usually the moment the probate proceedings are opened or information about the will is received.

However, there is another reason not to delay: the estate may be sold. After several resales, it becomes much more difficult to recover it; therefore, at the same time as filing the claim, we submit an application for interim relief — a prohibition on registration actions.

Consequences of invalidation

If the court declares the will invalid:

• inheritance takes place by operation of law — in accordance with the order of succession (Articles 1261–1265 of the Civil Code);
• if there is a previous will that has not been revoked, it remains in force;
• legal transactions carried out by an heir under an invalid will (sale, gift) may be declared invalid — but here everything depends on the good faith of the acquirer, and the more resales there have been, the more complicated it becomes.

When it is not worth going to court

We will say this straight away during the consultation:

• there are no medical documents confirming the testator’s condition — the expert assessment will have nothing to base its findings on;
• the will has been drawn up flawlessly, and the testator was of sound mind right up to the end;
• you are not among those entitled to a compulsory share, and are not an heir by law in the order of succession that would have inherited;
• the value of the disputed property does not cover the costs of the proceedings (expert assessment, court fees, legal fees).

Often, the correct course of action is not to contest the will, but to claim a compulsory share — and we will tell you this straight away.

How we work

1. We analyse the prospects honestly — are there grounds, is there evidence, or would it be simpler to claim the compulsory share.
2. We gather medical documents through solicitors’ requests — this is a crucial stage.
3. We block the disposal of the inherited property by filing an application for interim relief.
4. We file a motion for a posthumous examination and formulate questions for the expert.
5. We handle the case in court, including any appeal.
6. We finalise the inheritance after winning the case — right up to the registration of ownership.

Cost of services

The following are charged separately: court fees (1 per cent of the claim value — from 1,331.20 to 16,640 UAH for individuals in 2026), posthumous forensic psychiatric assessment, and property valuation.

Full price list · Solicitor specialising in inheritance matters

Questions and answers (Challenging a will)

Can a will be challenged whilst the testator is still alive?

No. The right to bring a claim arises only after the opening of the succession, i.e. after the testator’s death (Article 1257 of the Civil Code).

Can a will be set aside if it is unfair?

No. Unfairness is not a valid ground. One of the specific grounds must apply: legal incapacity, duress, a breach of formal requirements, or a claim to a compulsory share.

What is a compulsory share?

It is half of the statutory share received by minor children, adult children who are incapacitated, an incapacitated spouse and incapacitated parents — regardless of the contents of the will. This right cannot be revoked by a will.

How long do you have to challenge a will?

The general limitation period is three years from the moment you became aware of the infringement of your right. However, it is advisable to act more quickly: the inherited property may be sold.

What proves the testator’s legal incapacity?

A posthumous forensic psychiatric assessment, based on medical records. Without an outpatient record, discharge summaries and prescriptions, the assessment will have nothing to base its findings on.

What happens if the will is revoked?

Inheritance will take place in accordance with the law — in order of priority. If there is a previous, unrevoked will, that will take precedence.

The heir has already sold the flat. Can it be recovered?

Subsequent transactions can be challenged, but each resale makes recovery more difficult: the last buyer will claim to be a bona fide purchaser. Therefore, an application for interim relief must be filed immediately.

How much does it cost to contest a will?

The court fee is 1 per cent of the value of the claim (from 1,331.20 to 16,640 UAH in 2026), plus expert fees and the solicitor’s fees. We will calculate the exact amount during the consultation.

What documents should I bring to the consultation?

The death certificate, documents proving family ties, a copy of the will (if available), the testator’s medical records or information about their treatment, and documents relating to the inherited property.

Consulting a solicitor at Svarog regarding challenging a will

Tell us about the testator’s condition prior to drawing up the will and show us any medical records you have — we will give you an honest assessment of the prospects. Very often, the right strategy is not to contest the will, but to claim the compulsory share: this is simpler, cheaper and more advantageous.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00