Causes and consequences of recognition of wills invalid

Abstract

Making a will is one of those tasks that is often overlooked, but the importance of having a will is obvious. Without a will, your assets will be distributed according to the rules of intestacy, which may mean that your assets will go to someone you may not have chosen. However, while having a will is important, having a valid will is the most important. That is why the legislation contains clear requirements for the content, form and procedure of notarizing wills, which certainly affect its validity. The purpose of the article is to study the problems that arise during the certification of wills, the exercise by heirs under a will of their right to inheritance, as well as the protection of the interests of other persons who do not agree with the last will of the testator, which is quite often the subject of court proceedings, regarding the invalidation of the will. In the presentation of the material of the article, general scientific, systematic and functional methods of research are applied. According to the report on the work of public and private notaries, the Ministry of Justice of Ukraine and its territorial bodies in the field of notary, in 2022, 99,482 wills were certified. On the basis of the above data, it can be concluded that approximately 30% of all issued certificates of the right to inheritance are certificates issued on the basis of a will, which certainly indicates the importance and relevance of the subject of the certification of wills and the importance of taking into account the peculiarities of their certification in order to the validity was not challenged in court in the future.

  The article deals with the main issues regarding the invalidation of a will, namely the proof by the person who accepted the inheritance and applies to the court of the existence of a legal interest and violation of his property rights in the will; choosing the right way to protect the violated right, in particular, the conclusion that the recognition of a void deed as invalid at the request of its party is not a proper way to protect rights.