Inheritance disputes

Disqualification from inheritance

Disqualification from inheritance is a legal procedure aimed at depriving a person of the right to inherit in cases предусмотренных by law, in order to protect the lawful interests of other heirs.

We provide comprehensive support at all stages:

  • Preparation of legal documents

    The lawyer analyzes the circumstances of the inheritance case, available evidence, and documents confirming the grounds for disqualifying a person from inheritance, and prepares legally substantiated applications and procedural documents.

  • Legal analysis of documents

    A detailed legal analysis is conducted of the actions or conduct of the heir, assessing whether the grounds for disqualification comply with statutory requirements and judicial practice, and determining the prospects of the case.

  • Legal support in filing claims

    The lawyer ensures the proper and timely filing of the claim with the court, develops a legal position, monitors compliance with procedural deadlines, and oversees the progress of the case.

  • Protection of interests after the proceedings

    Following the court’s decision, the lawyer advises on further actions, monitors the enforcement of the judgment, and, where necessary, provides ongoing legal protection of the client’s interests.

Disqualification from inheritance in Kharkiv is a legally complex and responsible process applied in cases expressly provided by law, where a person loses the right to inherit due to unlawful conduct or failure to fulfill obligations toward the deceased. Such cases require clear legal reasoning, proper evidence, and correct application of inheritance law, as any mistakes may result in the court refusing to satisfy the claim.

By engaging our law firm, you receive comprehensive legal support in cases involving disqualification from inheritance at every stage. We analyze the circumstances of the inheritance case, collect and assess evidence, prepare legally substantiated statements of claim, develop a clear legal position, and support the case throughout the court proceedings.

We have practical experience in handling inheritance disputes and understand how important the protection of lawful inheritance rights and fair distribution of estate assets is for our clients. Each case is handled individually, taking into account the specific circumstances and current judicial practice. Our goal is to ensure legal certainty, effective protection of the client’s interests, and confidence in the legality of the outcome.

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Our cases

Inheritance case

Enquiry:

Following the testator’s death, the estate (property and cars) was divided between the two children and the ex-wife. She quickly secured half of the inheritance through the courts without the involvement of the other heirs.

What we do:

  • They appealed and succeeded in having the unlawful court ruling overturned.
  • A new trial was prepared and conducted with full regard for the rights of children.
  • The ex-wife was disinherited.
  • We arranged for the division of assets among the children out of court.

Result:

The estate has been divided fairly among the testator’s children; the former wife’s rights have been excluded.

Inheritance case

Enquiry:

The client is the mother of a girl whose father she had been in a civil partnership with before they separated; he was not listed as the child’s father on her birth certificate. The child’s father died shortly after the relationship with the client ended. Following this, his father (the girl’s grandfather) died and left behind a flat. The client’s child could have become the sole heir to the deceased grandfather and inherited the flat, had paternity with the deceased father been officially established.

What we do:

  • No state forensic institution had the equipment to carry out a paternity test to establish the girl’s relationship to her deceased father—and, consequently, her grandfather—without the physical presence of the child’s deceased father for the collection of samples. A private expert institution was found, and arrangements were made with the court for it to carry out the test using samples taken from the mother of the child’s deceased father (the girl’s grandmother).

Result:

Paternity was established by a court order, and the child inherited the flat from his grandfather.

Inheritance case

Enquiry:

The client missed the six-month deadline for accepting the inheritance following his mother’s death and was consequently denied the inheritance. There were no valid reasons for missing the deadline for accepting the inheritance within the meaning of current legislation and judicial practice. The opposing party in court was the local authority, which was seeking to claim the unclaimed inheritance (for which no heirs had come forward within the time limit set by law).

What we do:

  • Since extending the inheritance deadline was a very risky strategy, they decided to prove in court that he had been living with his mother at the time of her death for a certain period, which was also extremely difficult,
  • The client’s brother and sister, who lived abroad and had also declined to accept their late mother’s inheritance, were brought into the case; as parties to the proceedings, they admitted the claim,
  • Neighbours from the flat where the client lived with his late mother—which was extremely difficult given the war situation—were contacted; they confirmed that they had lived together for a certain period,
  • All available documentary evidence was gathered to prove that the client was living with his mother at the time of her death.

Result:

The court established that they were living together, and the client inherited the flat from his late mother.

Case concerning the termination of a life maintenance agreement

Enquiry:

The client is an elderly woman who, due to serious illnesses and poor health, is unable to manage her daily needs on her own, so she entered into a life-long care agreement with a neighbouring family whom she had known for a long time and who promised to look after her well, help her with everything, and do whatever she needed in exchange for the house after her death. The client entered into a notarised agreement with her neighbours. After that, the ‘carers’ disappeared, and then the hostilities began.

What we do:

  • A lawsuit was filed in court to terminate the life maintenance agreement; the defendants categorically denied the claims and hired several lawyers,
  • Witnesses were interviewed, including those who actually help the elderly woman and take her to hospital.

Result:

The court case was won, the contract was terminated, and the grandmother signed a new contract.

Case concerning the termination of an inheritance agreement

Enquiry:

The client is an elderly man with very poor eyesight who requires constant assistance. A neighbour, who moved into the block of flats during the war, persuaded him to sign an inheritance agreement under the guise of a power of attorney.

What we do:

  • A lawsuit was filed to terminate the inheritance agreement; the defendant contested the claim, submitted voluminous written statements, and claimed that she had provided services before temporarily relocating to another city due to the hostilities.
  • Witnesses were summoned and questioned, and written evidence was gathered and added to the case file.

Result:

The court upheld the claim, and the inheritance agreement was terminated.