How to challenge an inheritance by will in 2023 – Economics – Kommersant

How to challenge a will for an apartment in court, who has the right to do so, what cannot be challenged, and what can be, what actions need to be taken for this – in the material “Kommersant”.

What is a will

A will is a document drawn up in the form prescribed by law. With it, you can dispose of your property in case of death. Usually a will is made if they do not want the property to be distributed among the heirs according to the order established by law by default.

Will made in writingand then certified by a notary or other person authorized by law. The procedure is necessary commit personally and be fully capable. The will has no statute of limitations. Heirs can not be told about him.

How to make a will, advises the Honored Lawyer of Russia, Doctor of Law Ivan Solovyov:

“In order to be calm about your will about the fate of your movable and immovable property, you must strictly follow the procedure and form for drawing up and certifying a will. And although there are no strict requirements for the wording, and it can be drawn up in free form, first of all, you need to make sure that all the wishes of the testator are indicated and described clearly and understandably – so that there are no ambiguous interpretations.

Deed of gift or will?

A donation agreement, unlike a will, is a two-way transaction. According to him, the property is transferred free of charge to the property of the donee. A will, as opposed to a deed of gift, can be changed at any time at the will of the testator without giving reasons. In this case, the valid document is dated the most recent date relative to the day of death of the testator.

“A will can be challenged in court or before a notary. The donation contract can be canceled only if the donee has made an attempt on the life of the donor or intentionally caused bodily harm to him. In addition, if the gifted person is a close relative of the donor, then in this case there are no tax legal relations regarding the value of the gift items, ”explains Ivan Solovyov, Doctor of Law.

Who Can Contest a Will

More often contestation of the will occurs by the heirs of the first stage (children, spouse, parents). In law the right to a compulsory share in the inheritance regardless of who is indicated in the last will of the testator, several categories of persons are endowed. These include:

• parents and spouse (disabled);
• children of the testator (incapacitated / minors);
• disabled dependents living with the testator, whom he supported.

Representatives of the above categories are entitled to at least half of their legal share in the inheritance.

What will can be challenged in court

1. Void testament – a document that is invalid from the moment it was drawn up. It is disputed in case of claims to the certification procedure and doubts about the objectivity of the situation with the state of health and legal capacity of the person who bequeathed his property at the time of drawing up and certification of the document. According to the law, three years are allotted for the implementation of this method.
2. Disputable Will the court recognizes as invalid if there are appropriate grounds. For example, when illegal actions were committed against the testator (violence, blackmail, other pressure in order to include any conditions and positions in the will). One year is allotted for the implementation of this method.

Important to remember! In any case, the proceedings themselves – filing an application for a violated right – must be started after the opening of the inheritance (when the conditions of the will or information that the law was violated during its preparation became known) and before the inheritance of the people specified in the will (six months ).

You need evidence to challenge a will. Suitable documents that allow the will to be considered invalid, or properly executed testimonies of witnesses, the results of examinations, etc.

A will can only be contested after the death of the testator.

What causes a will to be invalidated:

• non-compliance with legislative norms when drawing up a will, including when it has improper or inconsistent content with the law;
• the presence of medical reasons (proven fact that the testator is incapacitated – the presence of a serious mental illness, dementia, etc.);
• drawing up a will in a state of alcoholic or narcotic intoxication or under the influence of psychotropic drugs;
• the presence of information or the conclusion of a handwriting examination that the signature on the will does not belong or was not made by the hand of the testator;
• the presence of sufficient evidence that the will of the testator was not declared by him personally, but by another person (a group of persons or a representative);
• deception of the testator or misrepresentation of the testator, including in relation to the nature of the legal action performed by him;
• the notary’s powers were suspended or terminated at the time of certification of the document;
• in some cases, the basis for contestation may be the absence of witnesses (primarily the notary himself), who could confirm the fact that the will was drawn up and certified.

How to contest a will

1. Make sure you have a legal right to inherit.
2. To determine whether the will is voidable or invalid, the time for filing a claim will depend on this.
3. Collect evidence to confirm the right to inheritance.
4. Submit a claim in writing.
5. Find out in which court to file a claim. As a rule, this is the place of residence of the defendant.
6. Pay the state duty and send a lawsuit and other necessary documents to the court.