{"id":2317,"date":"2026-05-29T03:30:40","date_gmt":"2026-05-29T00:30:40","guid":{"rendered":"https:\/\/svaroglaw.com\/czyvilnyj-advokat\/oskarzhennya-zapovitu\/"},"modified":"2026-09-14T17:50:03","modified_gmt":"2026-09-14T14:50:03","slug":"oskarzhennya-zapovitu","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/czyvilnyj-advokat\/oskarzhennya-zapovitu\/","title":{"rendered":"Challenging a will"},"content":{"rendered":"

A will being unfair is not a ground for setting it aside. \u201cFather left everything to the neighbour\u201d, \u201cthey passed me over even though I was the one caring for him\u201d are not legal arguments: a will is a free expression of intention, and that is exactly what the court protects.<\/p>\n

A will can be challenged only on the specific grounds the law lays down: the testator did not understand the nature of their acts, they were put under pressure, the form of the will was breached, or the right to a compulsory share was infringed.<\/p>\n

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A claim is possible only after the estate opens, that is after the testator\u2019s death: while the testator is alive no right to inherit yet exists (Arts. 1220, 1257 of the Civil Code). And a testator may revoke or change their will at any time.<\/p><\/div><\/div>

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

The grounds that work<\/h2>\n
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The testator did not understand what they were doing<\/h3>

Dementia, Alzheimer\u2019s disease, the after-effects of a stroke, the influence of strong medication, mental illness. This is decided by a posthumous forensic psychiatric report<\/strong>, based on the medical records, witness evidence and the case file. It is the commonest and most promising ground, and it depends entirely on the medical documentation.<\/p><\/div><\/article>

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Pressure, deception, violence<\/h3>

From the person in whose favour the will was made. Proved by witness evidence, correspondence, reports to the police, and evidence that the testator was cut off from the family.<\/p><\/div><\/article>

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Breach of the required form<\/h3>

A will must be in writing and notarised<\/strong> (Art. 1247 of the Civil Code). The exception is certification treated as equivalent to notarisation (by a chief physician, a ship\u2019s master, the head of a penal institution), but the conditions are strict. A breach of the certification procedure is a ground of invalidity in itself.<\/p><\/div><\/article>

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The will was made by a person lacking capacity<\/h3>

Or by someone who did not have full civil capacity when it was made.<\/p><\/div><\/article>

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The right to a compulsory share was infringed<\/h3>

The ground people remember least often, although it is the one that succeeds most often; it is set out separately below.<\/p><\/div><\/article>

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The will was made on behalf of several people<\/h3>

Other than a spouses\u2019 joint will over joint property, or it was signed by another person in breach of the rules.<\/p><\/div><\/article><\/div>\n

The compulsory share: a will cannot take it away<\/h2>\n

Whatever the will says, half the share<\/strong> they would have taken under the law goes to (Art. 1241 of the Civil Code):<\/p>\n

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Who is entitled to a compulsory share<\/h3>\n\t\t\t<\/div>\n\t\t\tArt. 1241 CC<\/span><\/span>\n\t\t\t