There will always be those who disagree with the wishes of others. Therefore, questions arise after the publication of the last will of the deceased. What if people who are not mentioned in the will are confident in their right to a share of the property? How is a will challenged after the death of the testator?
Before the death of the will-declarer, appeal is not permitted by law. The death of the testator makes such an action possible.
Who can dispute
Since a will is a transaction, albeit one-sided, the law provides for the possibility of challenging it. Certain persons are vested with this right:
- potential heirs of the first stage;
- persons directly indicated in the declaration of intent.
The basis for appeal is the presence of at least one of the violations:
- obligatory beneficiaries are not mentioned;
- when compiling, any parameters were violated;
- at the time of compilation, the willing delegate was not responsible for his actions, for example, he was misled;
- the inadequacy of the state of the testator was recognized by the court;
- incapacity of the deceased;
- the expression of will was signed under direct threats or pressure;
- the only or the main beneficiary is recognized as unworthy.
For cancellation on one of the grounds, it is necessary to apply to the court with the collected and documented evidence.
Obligatory heirs include those who have not reached the age of majority at the time of opening the inheritance of children, disabled people, pensioners by age. These persons, not even mentioned by the deceased, are legally given their share of the property.
The length of service is not a basis for claiming a share.
If there are no family ties, then the applicant is obliged to live with him for at least a year before the death of the will and be disabled, regularly receiving assistance from the testator.
The sister or brother of the deceased does not belong to the primary heirs.
How is the challenge
The last will is drawn up in strict accordance with the law. If violations are committed, after the appeal, the document is invalidated. So, the absence of a testator's signature or its obvious forgery are good arguments for recognizing the expression of will as forged.
It is possible that in addition to the invalid there is one more will. Then the heirs receive the shares according to the last statement of the will of the deceased.
If the compiler could not give an adequate assessment of his actions, the court proves his insanity. To do this, carry out:
- posthumous psychological and psychiatric examination;
- medical analysis of the health of the deceased;
- collection of testimonies from relatives living with the deceased, acquaintances and neighbors.
In the course of all activities, a conclusion is drawn up on possible deviations that do not allow adequate disposal of the property at the time of writing.
The will of the deceased is disputed if the heir is recognized as unworthy. In this case, he loses his share. The basis for recognition is:
- an attempt on the life of the testator or the deprivation of his life;
- the same actions in relation to other beneficiaries at the will of the deceased.
Applicants who have turned to a notary and deliberately concealed information about other persons entitled to part of the property may be recognized as unworthy.
Such applicants also lose their share, and the document is completely or partially canceled.
The best time to challenge is six months from the date of opening the inheritance. At this moment, none of the applicants has yet received a certificate giving the right to receive benefits.
