In the case when the provisions of the Civil Code of the Russian Federation were violated when drawing up a will, the will can be declared invalid or challenged in court. A will may be recognized as invalid after a court has considered a statement of claim by a citizen whose rights have been infringed upon by such a will.
Necessary
documents confirming the right to inheritance, death certificate of the testator, appeal to a notary or a court
Instructions
Step 1
First of all, it should be noted that challenging a will is unacceptable until the opening of the inheritance. That is, until the rights of inheritance are realized, it is pointless to go to court - the claim will not be accepted.
Step 2
The grounds for challenging the inheritance are: inconsistency of the will of the Civil Code of the Russian Federation; making a will under the influence of deception, threats, and other external factors; execution of a will by a legally incompetent (fully or directly at the time of signing, for example, under the influence of alcohol or drugs) citizen; making a will under duress, or due to a combination of difficult life circumstances.
Step 3
It is important to understand that a lawsuit to challenge the inheritance is quite specific. The main difference between it and standard claims is the fact that in order to accept a claim for consideration, you will need to present strong evidence of the validity of your claims. To do this, it is necessary to collect the maximum number of documentary evidence of the invalidity of the contested will.
Step 4
Most often, when applying for challenging the inheritance, the justification is Article 177 of the Civil Code of the Russian Federation, which recognizes the invalidity of a will if it is signed by a person who is incompetent, or by a capable citizen who, at the time of signing, was in a state that does not allow him to understand the meaning and consequences of his actions.
Step 5
To confirm this condition, witness testimony is used (for example, a notary who certified the document), a forensic psychiatric examination may be appointed. Any inheritance or part of it can be challenged in court. In the event that the court finds grounds for declaring the will invalid, the inheritance will be transferred to the heirs by law.
