Probate Lawyer in Lviv: Restoring Fairness in Inheritance Distribution
Will contest
Property rights
Deadline restoration
Mandatory share
Notary actions
Inheritance is rarely a peaceful process. Often it's when old grievances surface, "sudden" distant relatives appear, a will made under pressure emerges, or the notary refuses to issue the certificate due to missing documents. O'LAW lawyers in Lviv specialise in complex inheritance disputes — from contesting wills to recognising property rights for assets without documents.
Information current as of 2026. We work in courts of Lviv and Lviv Oblast. We honestly assess the prospects at the consultation: if there are no real chances, we don't take the case.
Deadlines in inheritance cases are critical
6 months — to accept the inheritance with a notary. 3 years — to contest a will. 1 month — to challenge a notary's actions. The sooner you contact a lawyer, the better your chances.
1Contesting a Will: When It's Possible
A will is the testator's final intent, but it must be formed freely, without pressure, in a clear state of mind. There are several grounds for declaring a will invalid:
Lack of legal capacity
The testator did not understand the meaning of their actions due to illness, medication, mental state. We prove this through post-mortem psychiatric expertise, medical records, testimony of doctors and family.
Duress & deception
The will was made under physical or psychological pressure from "sudden" caregivers, new acquaintances, or relatives who isolated the testator.
Form violation
A will without notarisation, without witnesses when required, or with other procedural defects is subject to being declared invalid.
Forged signature
If the signature on the will looks suspicious — we order handwriting expertise. A forged will is declared fully invalid.
Mandatory share of inheritance
Even with a will in favour of someone else, the right to a mandatory share belongs to: the testator's minor children, adult disabled children, the disabled surviving spouse, and disabled parents. The share equals half of what they would have received under intestate succession. If you've been "skipped" by a will — we'll help you claim the mandatory share.
2Recognising Property Rights Through Inheritance
A common problem: the testator factually owned property (house, land share, garage, plot), but documents are lost, never issued, or simply don't exist. The notary issues a written refusal to grant the certificate. It's not a dead end — the issue is resolved through court.
- Recognition of ownership over houses, shares, garages, land plots without documents.
- Proving cohabitation and factual acceptance of inheritance.
- Including property in the inheritance estate if the notary refused.
- Recognition of ownership over unauthorised constructions from the testator.
- Inheriting an agricultural co-op share or an LLC share.
3Restoring the Missed Inheritance Acceptance Deadline
The law gives 6 months to apply to a notary with an acceptance application. Missed it — not the end. There are two paths to restoring rights:
A
Court restoration of the deadline
We file a court claim to restore the deadline. Valid reasons: prolonged illness, business trip, lack of knowledge about the death, military service, residence abroad. The sooner after the reason ends — the better.
B
Proving factual acceptance
If you lived with the testator on the date of death (shared registered address) or factually accepted the property (paid utilities, maintained the property) — the law considers you have accepted the inheritance automatically. This just needs to be confirmed with the notary or through court.
How We Handle Inheritance Disputes
1
Case and document review
We study the circumstances, the testator's documents, the will (if any). We identify the type of dispute and honestly assess the chances of success.
2
Evidence gathering
Attorney inquiries to hospitals, registries, banks. Testimony of relatives and acquaintances. If needed — psychiatric or handwriting expertise.
3
Petition drafting
We draft the petition with clearly formulated demands: declare the will invalid, recognise property rights, restore the deadline, cancel the notary's certificate.
4
Court representation
The lawyer runs the case: witness examinations, evidence review, expertise, responses to the opponents. If needed — appeal and cassation.
5
Title registration
After the court ruling — obtaining the certificate from the notary and registering the ownership in state registries.
Frequently Asked Questions
A will can be declared invalid by the court if: the testator did not understand the meaning of their actions at the moment of signing (illness, medication, mental state); the will was made under physical or psychological pressure, deception or threat; the form of the will was violated (no notarisation, no witnesses where required); the testator's signature was forged; the will was made by a person without full legal capacity.
The general limitation period is 3 years from when the person learned or should have learned about the violation of their right (usually from the opening of the inheritance or when they learned about the will). For challenges based on duress or fraud — 1 year from the moment when the pressure ended.
6 months from the opening of the inheritance (date of death). Within this period, you must apply to a notary with an application to accept the inheritance. If the deadline is missed, it can be restored through court if there are valid reasons.
Two options: (1) file a court claim to restore the deadline if there is a valid reason (illness, business trip, lack of knowledge of the death); (2) prove the factual acceptance of the inheritance — if you lived with the testator on the date of death or took over the management of their property, you are considered to have accepted the inheritance automatically.
Regardless of the will, the right to a mandatory share belongs to: the testator's minor children, adult disabled children, the disabled surviving spouse, and disabled parents. The mandatory share is half of what the person would have received under intestate succession. "Disabled" means retirement age or disability.
Yes, through the court. A common situation: the testator actually owned a house, land share, garage, but documents are lost or never issued. An O'LAW lawyer gathers evidence of ownership (testimony, technical documentation, tax payment receipts) and proves the right in court — after which the notary issues the certificate.
Difficult, but possible. If the testator started privatisation during their lifetime (filed an application and documents) but did not receive the certificate — the court may recognise ownership through inheritance. If privatisation was never started, heirs may only have a right to use the housing if they lived with the testator.
Yes. You can challenge an unlawful refusal of the notary to issue an inheritance certificate, issuance without considering the mandatory share, or errors in determining heirs. Actions of a notary are challenged in court within one month from the date of the action or refusal.
Inheritance Case Needs a Lawyer
In inheritance cases, every missed day works against you. Leave a request — an O'LAW lawyer will reach out within an hour, analyse your situation and honestly tell you if there are real chances. If there are none — you'll save time and nerves. If there are — we'll design a plan.
Inheritance issues?
Deadlines in inheritance cases are critical. Book a case review — we'll honestly assess the chances.
Phone: +38 063 404 67 68
Phone: +38 068 679 52 51
Email: o3law.company@gmail.com
Address: 32 Doroshenka St., Lviv
Honest case assessment. Mon–Fri 10:00–19:00, Sat 10:00–14:00.
