Subject of Dispute: Recognition of a Will as Invalid, Allegedly Not Signed by the Testator.
Main Arguments of the Court:
1. The will is void, not voidable, as the expert examination proved that the signature on the will does not belong to the testator.
2. The absence of the testator’s signature automatically renders the will void in accordance with the first part of Article 1257 of the Civil Code of Ukraine.
3. A void legal transaction cannot be declared invalid, therefore the claim to recognize the will as invalid is an improper method of protection.
Court Decision: The Supreme Court canceled previous court decisions and denied the claim to recognize the will as invalid.
Note: The court deviated from previous practice, indicating that void legal transactions do not require separate recognition of invalidity.
