APPEAL OF INHERITANCE AGREEMENT - CONSULTATION OF A LAWYER
A contract of inheritance is an agreement under which one party (the acquirer) undertakes to follow the instructions of the other party (the alienator) and acquires ownership of the alienator's property in the event of his death. In this case, the will made by the alienator regarding the property specified in the inheritance contract is considered invalid.
According to Clause 28 of the Resolution of the Plenum of the Supreme Court of Ukraine of May 30, 2008 "On Judicial Practice in Inheritance Cases", the transfer of property from the alienator to the acquirer based on the inheritance contract is not a separate type of inheritance. Thus, the legal relationship between the parties is not subject to the rules governing inheritance, in particular the right to a mandatory share.
Parties in the contract of inheritance
- Persons who have full civil legal capacity;
- Persons with limited civil capacity (aged 14 to 18);
- Persons whose civil legal capacity is limited by a court decision.
Acquirer under the inheritance contract is not responsible for the obligations of the alienator. Unlike the heir, who accepted the inheritance and, according to Article 1282 of the Civil Code of Ukraine, is obliged to satisfy the demands of the creditor, the acquirer under the inheritance contract does not have such an obligation. According to Article 1305 of the Civil Code of Ukraine, the acquirer may be obliged to perform certain actions of a property or non-property nature both before and after the opening of the inheritance.
Peculiarities of the inheritance contract form
According to the Procedure for State Registration of Wills and Inheritance Contracts in the Inheritance Register, approved by Cabinet Resolution No. 491 dated May 11, 2011, as amended, the Inheritance Register is an electronic database that contains information about certified wills and inheritance contracts, initiated inheritance cases and issued certificates of the right to inheritance.
Data on state registration, changes and termination of inheritance contracts are entered into the Inheritance Register, in particular:
- alienator(s);
- certificate of inheritance contract as a document;
- issuance of a duplicate inheritance contract;
- documents changing or on the basis of which the inheritance contract was terminated;
- recognition of inheritance contract invalid;
- registrar.
Procedure of contesting an inheritance contract
The inheritance contract can be terminated both at the request of the alienator and the acquirer. This right is enshrined in Article 1308 of the Civil Code of Ukraine. However, other persons, such as the alienator's heirs, do not have the right to make claims against the transferee for the purpose of terminating the contract.
Thus, the legislation clearly outlines the grounds for terminating such a contract. But what about his appeal? According to the general rule, only the parties to the contract can challenge it by applying to the court with a statement of claim.
The alienator must prove that the other party does not fulfill its obligations, for example, does not provide him with food or medicine, if it is needed. The acquirer, in turn, is obliged to confirm that he is unable to fulfill the requirements of the alienator due to physical or material circumstances, such as illness or hospitalization.
Questions
What are the grounds for contesting the inheritance contract?
Answer
A contract of inheritance can be challenged in cases where one of the parties does not fulfill its obligations, there are circumstances that indicate that the contract does not comply with the law, or if the contract was concluded under duress or fraud.
Questions
Who can contest the inheritance contract?
Answer
Only its parties have the right to challenge the inheritance contract: the alienator and the acquirer. Other persons, such as the alienator's heirs, cannot make claims for appeal.
Questions
How does the appeal process work?
Answer
In order to challenge the inheritance contract, it is necessary to submit a claim to the court. The statement should clearly indicate the grounds for the appeal, as well as provide evidence that supports your position.
The importance of legal support during the challenge of the inheritance contract
Legal support during the challenge of the inheritance contract is critically important for several reasons:
- Expertise and experience: Probate lawyers have a deep knowledge of the law and experience in resolving disputes. They can provide a qualified assessment of the situation, identify potential risks and develop a strategy for a successful appeal.
- Correct preparation of documents: Challenging an inheritance contract requires submitting a statement of claim and other related documents to the court. A lawyer will help to correctly prepare and issue all the necessary documents, which can reduce the probability of rejection due to formal errors.
- Gathering evidence: For a successful appeal, it is important to have sufficient evidence to support your case. Lawyers know exactly which documents and testimony can be useful, and can also help in their collection and processing.
- Representation in court: The presence of a professional representative during court hearings ensures more effective protection of your interests. A lawyer will be able to clearly and reasonedly present your position, refute the arguments of the opposing party and answer the court's questions.
Civil law attorney in Kyiv
A civil law lawyer in Kyiv plays a key role in the process of disputing an inheritance contract, as he has in-depth knowledge of civil legislation, which allows him to assess the legal grounds for disputing and prepare the necessary documents. He ensures the collection of evidence, represents the client's interests in court and provides advice on all aspects of the case, as well as analyzes court practice to form an effective legal position. Thanks to the lawyer's professionalism, the client receives reliable protection of his rights and interests, which significantly increases the chances of a successful resolution of the case.
Contact a lawyer today!
If you need help in disputing an inheritance contract, contact our specialists. We unite the best lawyers in the field of civil law who are ready to provide professional support at all stages of solving your situation. Contact us today to get help from experienced experts! Call +380637375800 for qualified support right now!
Disputing an inheritance contract is a complex and important process that requires careful legal analysis and qualified assistance. Inheritance contract, as a form of transfer of property, has its own characteristics that should be taken into account when appealing. Only the parties to the contract can initiate this process, presenting their arguments in court based on improper performance of obligations or other legal grounds. In this case, legal support becomes critically important, because experienced lawyers are able not only to provide legal advice, but also to effectively represent the client's interests in court, collect the necessary evidence and draw up all the documents. Therefore, it is important to contact specialists to ensure a successful outcome in the case and protect your rights.
