Appeal against inheritance agreement

What is an inheritance contract?

An inheritance contract is a type of civil-law agreement concluded between a testator and a beneficiary to determine the procedure for transferring property after the testator’s death. Under Article 1308 of the Civil Code of Ukraine, an inheritance contract is a bilateral transaction that governs the rights and obligations of the parties during the testator’s lifetime. A key validity requirement is notarial certification. This instrument is stricter than a will because it cannot be unilaterally amended.

Difference from a will

The main difference between an inheritance contract and a will lies in the nature of the legal relationship. A will is a unilateral act that can be changed or revoked at any time, whereas an inheritance contract becomes effective upon execution and cannot be terminated unilaterally. In addition, the beneficiary under the contract must fulfill obligations in favor of the testator or a third party. This creates certain guarantees for the testator that their intentions will be carried out even before the estate is opened.

Parties to the contract

The parties to an inheritance contract are the testator (the person transferring the property) and the beneficiary (the person who undertakes obligations and will receive the property after the testator’s death). Both parties must have legal capacity. The contract may be concluded only with mutual consent and must be notarized, which rules out falsification or undue influence. The parties often consult a succession lawyer or a private notary before signing.

When can an inheritance contract be challenged?

An inheritance contract may be challenged where there are doubts about the lawfulness or voluntariness of its execution. This often arises when other heirs by law believe their rights have been infringed. Having an inheritance contract declared invalid is a complex process that requires evidence and professional involvement. Court practice in succession disputes is diverse, and many cases turn on small nuances.

Legal grounds for challenging

The most common grounds for invalidation include:

• lack of legal capacity of one of the parties at the time of signing (including illness affecting the ability to understand one’s actions);
• execution under duress, through fraud, or in a condition preventing awareness of one’s actions;
• failure to comply with the required form of the transaction (absence of notarial certification);
• forgery of signatures or documents;
• violation of public order or the law.

The presence of any of these circumstances can serve as a basis for filing a claim to invalidate the inheritance contract. This is especially relevant where other heirs have been left without any share in the estate.

Who can file a claim

Plaintiffs in actions to challenge may include:

• relatives of the testator (heirs by law) who have been excluded from inheritance;
• representatives of persons lacking or with limited legal capacity;
• other interested persons whose rights are infringed by the contract.

Given the complexity and need for in-depth analysis, it is advisable to consult a succession lawyer. A specialist will help gather evidence, develop arguments, and represent your interests in court. Legal assistance in inheritance matters reduces the risk of procedural mistakes.

Procedure for challenging an inheritance contract

The challenge involves several stages, each requiring careful legal preparation. The pathway may differ depending on the situation, the facts, and the number of interested parties. Success largely depends on the quality of the documents, a well-reasoned legal position, and professional support.

Engaging an inheritance lawyer significantly increases the chances of a favorable outcome. In some instances the parties resort to mediation, but most often the matter is considered exclusively in court.

Document preparation

At this stage the plaintiff collects materials proving the unlawfulness or invalidity of the contract. These may include:

• medical certificates regarding the testator’s mental health (especially where dementia or mental illness is suspected);
• witness statements about coercion or blackmail;
• handwriting/signature expert examinations;
• archival records contradicting the contract’s content;
• correspondence or recordings showing the testator was misled.

Together, these form the evidentiary base for filing the claim and increase the likelihood the court will invalidate the contract.

Filing a claim with the court

The claim is filed with the local court at the defendant’s place of residence or where the property is located. The statement of claim must specify:

• the parties to the case;
• circumstances surrounding execution of the contract;
• grounds for invalidity;
• list of evidence;
• requests to have the inheritance contract declared invalid.

The claim must comply with the Civil Procedure Code of Ukraine. Errors or incomplete information may result in refusal to open proceedings. An experienced succession lawyer will properly draft the claim and assemble all necessary evidence.

Timeframe for consideration

Court proceedings typically take 2–6 months. If the case is complex (e.g., multiple plaintiffs or the need for additional expert examinations), the period may be extended. Given succession case law, the best results are achieved with active participation of a qualified attorney. In difficult cases, independent experts or additional witnesses may be needed.

Required documents

Preparing the correct document package is a critical step affecting the success of the case. It is essential to provide complete and reliable information supporting your position.

To apply to the court, you will need:

• a copy of the inheritance contract;
• the plaintiff’s passport;
• documents proving kinship (certificates, extracts);
• medical opinions or other evidence of incapacity;
• written witness statements;
• receipt for payment of the court fee;
• a written explanation setting out the facts of the case;
• an extract from the register of inheritance cases or notarial acts.

Frequently Asked Questions (FAQ)

Can I challenge the contract myself?

Yes. However, practice shows that without a succession lawyer it is very difficult to account for all legal nuances and successfully navigate the process. Professional involvement ensures quality preparation and courtroom support.

How long does the process take?

On average, 2 to 6 months. If additional examinations are required or interim decisions are appealed, the timeframe increases. Some cases last a year or more.

What are my chances of success?

They depend on the strength of the evidence, the legal reasoning, and compliance with procedure. Invalidation is more likely where there are clear violations of the law. If the requirements of Article 1308 of the Civil Code of Ukraine were breached, the chances of a positive decision increase significantly.