As often happens, there is always someone whowill not agree with the desire of another. In the case of the inheritance as well. The property testator expresses his last will in the relevant document, and after his death, most likely, there will be questions among relatives and friends. What if the person mentioned in the will does not consider himself entitled to a part of the property of the deceased? How to challenge a testament to an inheritance in accordance with the law? For an exhaustive answer, please refer to Russian legislation.
In connection with the fact that the will is at leastone-sided, but still a transaction, the law provides for the possibility of its challenge. In this case, who has the right to challenge the will? Such a right is vested only in a certain circle of persons - these are legitimate candidates for heirs (first potential heirs of the first stage) and persons directly specified in the will-declaration. Is it possible to challenge a will after the death of the testator? Yes. To be more precise, it is simply impossible to do this until the demise of the testator, only after.
So, fortunately, the testamentary document can be challenged if there is any of the following violations:
How to challenge a will after death, if availableat least one of the above reasons? To express their disagreement with the will and demand its cancellation, it is necessary to apply to the court, collecting evidence, confirmed by documents, on one of the listed grounds.
If they are native people, they shouldto treat a certain line of inheritance of property, at the same time to depend financially on the deceased relative and to be fully dependent at least one year before his death. Such relatives include pensioners by age or disabled. But a retired seniority worker, who, for example, is 48 years old, can not become an applicant for inheritance.
Is it possible to challenge a will after deaththe testator, being not related to him by family ties? Yes, if it is not a native person, but, being incapacitated, he had the right to receive regular assistance from the testator, and, unlike the case with the disabled relative, such a person must necessarily live with the deceased for at least one year before his death .
Defining these individuals as mandatory heirs, the state protects those who, for objective reasons, are incapable of self-employment and are unable to fully support themselves.
In this case, can a daughter challenge a will,if it is not specified in the document? Yes, if it falls under one of the above groups of mandatory heirs, for example, has not reached the age of majority or has a disability group. The listed persons in accordance with Russian legislation will certainly receive their share of the estate, even if they were not specified by the testator. In the event that the heir, indicated in the testamentary document, may be deprived of the means of subsistence because of the transfer of a certain part of the inheritance to the obligatory heir, the latter nevertheless is deprived of the opportunity to receive his share of the property.
In addition to the deceased's property specified intestament, there is also property not declared, it is from it, in the first place and allocated part for mandatory heirs. If this is not enough, then the share of the bequest is captured so that it is enough to cover the inherited share.
The size of the mandatory part of inheritanceis calculated on the basis of what proportion the heir would receive under the law. At the moment, the law prescribes at least half of the legal part for mandatory heirs.
Those who do not agree with the will of the testator, inFirst of all, the question arises as to which testament can be challenged. Only compiled in accordance with Russian law. The will is an important document, which is formalized in strict accordance with the law. In the opposite case, it is possible to challenge the will after the death of the testator and to obtain recognition of such a document as invalid. For example, a document must contain the signature of the testator himself, which is missing, or, as required by the rules, there were no necessary witnesses, or the signature was forged. How to challenge a testament to the inheritance in this case? A person whose legal rights and interests, in his opinion, were infringed, has the right to file a suit with a judicial authority.
On consideration of a case the court can recognizea testamentary document, both completely and in part, is invalid. The latter case occurs when the parts recognized as invalid do not interfere with an understanding of the basic meaning conveyed by the testator in the hereditary document.
If the court decides on invalidityof the whole document, then it loses its legal significance and the property of the testator is divided among the heirs by law, in accordance with the order. Maybe this: except for an invalid hereditary document, there is another will. In this case, the heirs receive their shares according to the last document.
Is it possible to challenge a will after deathtestator, if the person making it could not give an adequate assessment of their actions? To prove in court the insanity of the testator, as a rule, one has to resort to the following methods:
Is it possible to challenge a will after deathtestator, if one of the heirs indicated in it behaves unlawfully in relation to others? In inheritance law clearly defined the provisions by which the heir falls under the concept of the unworthy and loses its share of the inheritance. They are conditionally divided into several categories:
It is important to know that sometimes unworthy are recognizedthose recipients of the inheritance who, at the time of applying to the notary for the purpose of obtaining a certificate of the right to inheritance, do not disclose information about the other heirs that the notary does not know.
The listed persons, if this will be proved incourt, being unworthy heirs, lose their part of the inheritance. This can serve as the basis for the cancellation of part or the whole testamentary document.
Nevertheless, the Russian law provides forThe probability of the transfer of unworthy heirs to the category of worthy ones, relying on the principle of forgiveness. It consists that the testator, after the heir has proved unworthy, showing goodwill, has issued another will, in which, forgiving the unworthy, bequeaths to him a part of the inheritance.
Can a will be challenged while still aliveits originator? This document can not be objected until the opening of the inheritance, that is, during the life of the testator. Otherwise, the time for challenging the following:
The best time for challenging is still 6 months from the date of opening the inheritance, when none of the heirs has yet received a certificate giving the right to inheritance.