The will is a one-way deal. Its content, as a rule, clearly indicates all the wishes of a person regarding the fate of his property after his departure to another world. It would seem that everything is simple and clear. But it often happens that the heirs, who categorically disagree with the last will of the deceased, are trying with all their might to recognize the will as invalid.
Instructions
Step 1
A will, with the terms of which you do not agree, can only be declared invalid in a judicial proceeding. This is a rather complicated process, which is often delayed due to various examinations and inspections. Sometimes a lawsuit to challenge a will entails the institution of a criminal case.
Step 2
If you decide to go to court with a request to invalidate the will, keep in mind that this can only be done by the person whose rights and legitimate interests are violated in this document. Those. it is you who should file such a claim, and not your neighbor, acquaintance or work colleague. In addition, the proceedings on challenging the will can only begin after the opening of the inheritance, i.e. after the death of the testator himself.
Step 3
There are several grounds for declaring a will invalid: if the document was drawn up by a person who is incapable of realizing the significance of his actions or managing them, i.e. mentally abnormal; if the will was made under someone else's pressure or influence of deception, threat or violence. The will can be challenged even if its execution was forced, written during a life-threatening illness or due to difficult circumstances.
Step 4
Violation of the form of its drawing up is also a weighty basis for declaring a will invalid. First, it must be in writing, contain the date of creation and the personal signature of the testator himself. And secondly, the document must be certified only by a notary.
Step 5
The court can recognize the will and partially invalid. This usually happens if it does not include persons entitled to a mandatory share of the inheritance: minors and disabled children of the testator, including adopted, disabled parents, spouse and dependents of the deceased.
