A will is a unilateral transaction. The grounds for invalidating a will are the same as for all other transactions. Only the court recognizes the will as invalid, and the parties cannot conclude an amicable agreement on such a case.
Instructions
Step 1
Prepare a statement of claim. Disputes about the validity of the will is considered by the district court at the place of opening of the inheritance, that is, the place of death of the testator. Persons whose rights are affected by the will have the right to file a claim. Such persons are any heirs by law or by will, consignees, executors, as well as their representatives. A claim may be brought by a prosecutor.
Step 2
Pay the state fee depending on the value of the property, the rights to which are disputed by will.
Step 3
Indicate the grounds for invalidity: - By virtue of the direct indication of the law, the will will be null and void if its form is not observed. A will is made in writing and certified by a notary. - A will made completely incompetent is void. The court establishes the invalidity of the will of a person who is unable to understand the meaning of his actions or to direct them, as well as subsequently declared incapacitated. The court appoints a forensic psychiatric examination, including a posthumous one (according to the documents). - The court declares invalid the will, written under the influence of deception, violence, threat. Deception can be expressed in hiding facts, for example, about the presence of other heirs.
Step 4
State the requirements: to invalidate the whole will or any orders.
