Challenging a Will in Ukraine

As a general rule, inheritance under a will takes priority because the last wishes of the deceased, as expressed in the will, must be respected. However, there are legal grounds on which a will may be challenged in court and declared invalid.

Inheritance disputes involving wills remain common in Ukraine. If you would like to better understand the legal procedure for challenging a will, we recommend seeking professional legal advice from our law firm.

What are the legal grounds for challenging a will?

The will was executed by a person who was not legally authorized to certify it. Under Ukrainian law, a will may be certified by a notary, an authorized official of a local government authority, or other officials expressly designated by Articles 1251–1252 of the Civil Code of Ukraine.
The will does not comply with the legal requirements governing its form or certification. Pursuant to Article 1248 of the Civil Code of Ukraine, a will must be made in writing, specify the place and date of execution, and be personally signed by the testator.

In Case No. 159/1221/19 (Proceedings No. 2/159/18/20), the defendant submitted a forged will to a notary. A forensic handwriting examination established that the signature did not belong to the deceased. As a result, on April 27, 2020, the Kovel City District Court of the Volyn Region declared the will invalid. The court also invalidated the Certificate of Inheritance and cancelled the defendant's ownership registration in the State Register of Rights to Immovable Property.

The testator's expression of intent was not free and did not reflect the testator's true wishes. In practice, wills are sometimes executed under coercion, physical or psychological pressure, or when the testator suffers from a persistent mental disorder that prevents understanding the significance of his or her actions or controlling them. Under Article 1257 of the Civil Code of Ukraine, a court may declare such a will invalid if these circumstances are proven.

In its judgment of November 2 in Case No. 363/242/16-c (Proceedings No. 61-15360св21), the Supreme Court, sitting as the First Chamber of the Civil Cassation Court, upheld the first-instance decision declaring the will invalid because the testator's expression of intent was neither free nor consistent with the testator's actual wishes. According to the posthumous forensic psychiatric examination, the testator had suffered from a chronic mental illness from 2005 until death and was unable to understand the significance of his actions or control them.

If any of the legal requirements governing the preparation or execution of a will have been violated, the will may be challenged through court proceedings. If the court declares the will invalid, inheritance will proceed according to the statutory order of succession established by Ukrainian law.

How can a will be challenged?

A will may only be challenged after the death of the testator. A claim must be filed with the district court at the place where the inheritance was opened. The general limitation period for challenging a will is three years from the date when the claimant became aware, or should have become aware, of the violation of his or her inheritance rights.

What documents are required to challenge a will?

To initiate court proceedings, the following documents should generally be prepared:

passport and taxpayer identification number;
death certificate of the deceased;
a copy of the will (if available);
documents confirming the family relationship with the deceased;
any additional evidence supporting the invalidity of the will, including medical records, expert opinions, or witness statements.

Our law firm provides comprehensive legal assistance in cases involving the invalidation of wills. Our inheritance litigation lawyers will represent you throughout every stage of the proceedings—from the initial legal assessment to protecting your interests in court—regardless of where you are located.