From a legal point of view, a will is a unilateral transaction and therefore can be challenged. However, this requires reasons that the court considers sufficiently compelling.
Necessary
- - a notarized copy of the will;
- - medical certificates, title documents or evidence base;
- - documents confirming relationship with the testator.
Instructions
Step 1
Determine if the will was written and signed correctly. If it was incorrectly drawn up, committed without witnesses, and at the bottom is the signature not of the testator, but of any other person, then the document can be invalidated. To better understand this issue, you may need the help of a notary.
Step 2
Consider whether the testator could be fully aware of his actions and direct them at the time of drawing up and signing the document. If the testator suffered from mental disorders, or he drew up and signed a will under the influence of threats, blackmail, deception, etc., then the document will most likely be invalidated.
Step 3
See if there is any property in the will that the compiler did not have the right to dispose of. If such property is mentioned, then some clauses of the will in the court can be declared invalid. However, it should be borne in mind that this will not apply to the document as a whole.
Step 4
Contact a notary and find out when the will of the testator will be announced. It doesn't matter which notary you turn to: he can easily find a specialist who has opened the inheritance case you are interested in. Also declare yourself as an heir and provide documents confirming your relationship with the testator.
Step 5
Analyze the current situation and collect as much evidence of your case as possible. For example, if you are sure that the testator suffered from mental disorders, collect information about his health, the testimony of doctors, find out if he went to a psychiatrist. The more hard evidence you provide to the court, the more chances that the will will be challenged.
Step 6
Contact a lawyer who can defend your rights in court. Do not delay the search: the sooner you do this, the sooner the case will be brought to court, and the more chances that you will achieve what you want. In addition, a lawyer may advise you to collect additional evidence, which can take a long time to find.
