Last will and cases of its appeal
A will is a personal order of an individual in case of his death.
A will can be made at any age. But only if the person has full civil legal capacity.
According to the Civil Code of Ukraine, the will (if there is any any) primarily determines the heirs, if there is no will, the blood relationships are taken into consideration (inheritance by law).
Thus, when making a will, a person can determine at her discretion to whom he or she wants to leave the inheritance, and who he or she wants to exclude from the circle of heirs, even if the excluded person may be a relative in the first degree.
The will is a personal will of the testator and his own disposal of the property belonging to him.
A consultation of ADVA specialists will help you to make a will in such a way as to express your will as best as possible and at the same time not legally violate the rights of heirs who can appeal this document.
The deprived claimants usually do that. The grounds for appealing a will are most often:
- if the will was signed by a representative;
- if the will was signed by the testator against his will, he didn’t understand the significance of his actions and in extremely poor health (including mental);
- if the will was signed several days before the death of the testator.
Court cases on the recognition of a will as invalid are very complex, usually require a post-mortem forensic psychiatric examination, significant evidence and explanations.
To choose the right strategy and properly prepare the documents, please contact ADVA.