Inheritance disputes

Mediation (facilitating negotiations for dispute resolution)

Mediation (facilitating negotiations for dispute resolution) in Kharkiv is a voluntary out-of-court procedure aimed at the amicable settlement of disputes through negotiations with the participation of a neutral mediator and the achievement of a mutually acceptable solution for all parties.

We provide comprehensive support at all stages:

  • Preparation for mediation

    The mediator conducts a preliminary review of the circumstances of the dispute, the positions of the parties, and the available documentation. The subject of the dispute, the parties’ interests, and potential areas of alignment are identified in order to establish a constructive foundation for negotiations.

  • Legal and situational analysis

    An analysis is conducted of the legal aspects of the dispute and its potential consequences. The mediator explains to the parties possible options for resolving the dispute, the risks of court proceedings, and the advantages of reaching a voluntary agreement.

  • Support of the negotiation process

    The mediator organizes and conducts negotiations between the parties, ensuring neutrality, adherence to agreed procedures, and a constructive dialogue. The process is aimed at reaching a mutually acceptable solution without pressure or confrontation.Супровід після досягнення домовленостей

  • Post-settlement support

    After the dispute is resolved, the mediator assists in documenting the agreements reached, advises on their legal formalization, and, where necessary, on further steps. This ensures the stability of the outcome and minimizes the risk of future disputes.

Mediation (facilitating negotiations for dispute resolution) in Kharkiv is a legally structured and confidential process of amicable dispute resolution with the participation of a neutral mediator. It requires strict adherence to the principles of voluntariness, impartiality, and mutual respect between the parties. Without professional support, even minor misunderstandings or emotional tension may hinder the achievement of an agreement and lead to escalation of the conflict or litigation.

By engaging our law firm in Kharkiv, you receive comprehensive mediation support at every stage. We assist in preparing for negotiations, analyze the positions and interests of the parties, organize the dialogue process, and facilitate the search for mutually acceptable solutions. Where necessary, we provide guidance on the legal formalization of the agreements reached and subsequent steps.

We have practical experience in conducting mediation across various types of disputes and understand how important it is to preserve time, resources, and business or personal relationships. Each case is handled individually, taking into account specific circumstances and the interests of the parties. Our goal is to ensure effective dispute resolution, legal certainty, and confidence in the achieved 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.