Termination of an Inheritance Agreement Due to the Acquirer's Failure to Fulfill Obligations

Case Background

Is it possible to terminate an inheritance agreement if the acquirer fails to fulfill their obligations?

This was exactly the question our client brought to us. She explained that in 2021 she entered into an inheritance agreement with the defendant, which was duly notarized by a private notary in accordance with the current legislation of Ukraine. Under the terms of the inheritance agreement, the acquirer undertook to comply with the instructions of the transferor set out in the agreement, meaning that a number of specific obligations were imposed upon her.

These obligations included, at the transferor's expense, providing food, suitable clothing and footwear; caring for the transferor; providing necessary assistance, medical care, and medication; calling a doctor and accompanying the transferor to medical appointments whenever necessary; providing household services, including doing laundry, cleaning the house once a week, and carrying out cosmetic repairs whenever needed. In addition, upon our client's death, the acquirer undertook to arrange her funeral with appropriate funeral services.

Recommendations for Drafting an Inheritance Agreement

Having analyzed the terms of various inheritance agreements in the context of their possible termination through court proceedings, we would like to offer several practical recommendations regarding the drafting of such agreements. In particular, it is important to include provisions that will make it possible to terminate the agreement through the court if one of the parties subsequently fails to fulfill their obligations.

First and foremost, we recommend specifying in detail every obligation that the acquirer must perform. There should be a clear and comprehensive list of duties. The more precisely these obligations are defined, the better protected both parties will be, as there will be no uncertainty regarding the assistance that must be provided. It is also advisable to specify the exact amount of any monthly financial support. If the acquirer transfers the agreed amount every month, it becomes difficult to argue that they have breached the agreement. Conversely, if no payments are made, this may serve as strong evidence that the contractual obligations have not been fulfilled.

For any additional recommendations regarding the terms of an inheritance agreement, we strongly advise consulting an inheritance lawyer before signing such an agreement in order to receive professional legal advice tailored to your circumstances.

According to our client, the defendant fulfilled the terms of the agreement and performed her obligations until approximately the middle of 2021. However, beginning in the summer of 2021, she stopped visiting our client and ceased providing any assistance. After the outbreak of the full-scale invasion of Ukraine, the person responsible for caring for our client left the country and, by the time we filed the lawsuit, remained abroad.

It should be noted that our client was approximately 80 years old and lived in the city of Kharkiv. Given both her advanced age and the security situation in the city, together with the lack of the agreed assistance, she was unable to maintain a normal standard of living. For an extended period, the defendant neither contacted our client nor showed any interest in her health or provided even basic food and household necessities. Instead, all necessary assistance was actually provided by our client's neighbor, who lived nearby and helped her with everyday household matters.

After our client sought legal assistance from our law firm, her health deteriorated significantly. She had suffered a stroke in 2021 and therefore required continuous care and assistance from others. We prepared and filed a lawsuit seeking termination of the inheritance agreement. As evidence, we collected documents confirming that the defendant had left Ukraine. Through court requests addressed to the relevant authorities, we obtained official information confirming that she had crossed the state border, left the country, and had not returned to Ukraine by the time the case was being considered.

We also ensured the attendance of witnesses at the court hearing. They testified regarding the actual circumstances of the case, confirming that the defendant had failed to fulfill her obligations under the inheritance agreement and that all care for our client had in fact been provided by her neighbor, who helped with all daily household matters.

This evidence proved convincing to the court. After examining all documentary evidence, hearing witness testimony, and taking into account the defendant's passive conduct in the proceedings (she failed to appear before the court, did not submit a statement of defense, and expressed no position regarding the claim), the court granted the claim in full. The inheritance agreement executed and notarized by the private notary was terminated.

The judgment entered into legal force, enabling our client to conclude a new inheritance agreement and secure the minimum level of care and social support she required.

The case was handled by attorney Roman Chumak.

This article is based on the court judgment in case No. 645/1105/22 and is provided for informational purposes only. Every legal case is unique, and the outcome depends on its specific facts and evidence. To assess the prospects of your particular situation, we recommend consulting our inheritance lawyers.