The formalisation of an inheritance is one of the key stages in the transfer of assets to heirs. This process can sometimes be quite complex due to a multitude of legal nuances. This is particularly true in the case of valuable assets. The matter is often complicated by the presence of conflicting heirs. A solicitor specialising in inheritance matters can assist with the following:
- resolve conflict situations from a legal perspective;
- verify the validity of a will;
- take the first steps towards settling the inheritance;
- prepare for the inheritance to be settled through the courts.
Why do you need advice from an inheritance lawyer?
A lawyer’s assistance in settling an inheritance reduces the time taken to process the case. A lawyer becomes an indispensable ally during consultation and strategy development. If there are disputes regarding the absence or presence of a will, the lawyer does the following:
- meets with the heirs for negotiations;
- drafts written agreements;
- helps gather the necessary documents;
- develops a plan to reach agreements;
- seeks the necessary evidence where required.
Legal assistance in inheritance cases when going to court
The matter is resolved in court when it is impossible to reach a compromise. In this case, the solicitor develops a strategy to protect the client’s interests. This includes the following:
- drafting statements of claim;
- preparing supporting documents;
- submitting documents within the required timeframes;
- responding to the opposing party’s arguments;
- preventing the client from making emotional decisions.
In addition, the solicitor assists with challenging a will. This occurs in cases where it has been drawn up incorrectly. Sometimes proof of family ties is required.
Inheritance lawyer in Kyiv from the Svarog law firm
Consulting a lawyer regarding inheritance should be the testator’s first step. A specialist can assist with:
- the correct preparation of documents;
- submitting the inheritance claim on time;
- correctly approaching a notary;
- drafting a statement of claim where necessary.
Do you need the services of a solicitor specialising in inheritance matters? Book a consultation right now. We can help even in the most complex situations.
Frequently asked questions and answers
When do you need a solicitor specialising in inheritance matters?
It is important to consult a specialist in the following cases:
- conflict between heirs;
- missing the deadline for accepting an inheritance;
- errors in the documents;
- lack of title documents;
- contesting a will;
- disinheritance.
How do I claim an inheritance through the courts?
To do this, you must take the following steps:
- file a claim to obtain ownership of the property as an heir;
- gather the necessary documents (depending on the reason for going to court);
- pay the court fee;
- have the inherited property valued;
- obtain a court ruling.
What should you do if you have missed the deadline for accepting the inheritance?
You have 6 months from the date of the testator’s death to submit an application for inheritance. If you miss the deadline, you must apply to the court or obtain the written consent of the other heirs.
How can I challenge a will or the actions of the heirs?
This can only be done through the courts. To do so, you must prove that:
- the will is invalid;
- the testator was not of sound mind when the will was drawn up;
- the document was drawn up under duress;
- the heir intentionally caused the testator’s death.
There are also other grounds for contesting a will.
What documents are required for a probate case?
The following are among the mandatory documents:
- the testator’s death certificate
- declaration of acceptance of the inheritance;
- passport and personal identification number;
- proof of the deceased’s place of residence;
- document confirming the right to inherit.
How much does an inheritance lawyer cost?
The cost of a lawyer’s services depends on the complexity of the case. It is important to seek advice to find out all the details.