Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance

Is it possible to challenge a will after the death of the testator? How to challenge a testament to an inheritance?

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.

Right to challenge

Is it possible to challenge a will after the death of a testator

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.

In what cases are the will disputed?

So, fortunately, the testamentary document can be challenged if there is any of the following violations:

  • the deceased citizen did not mention the so-called obligatory heirs in his will;
  • for any parameters, a testamentary document was incorrectly compiled;
  • the will of the will at writing his willwas in a state in which he could not be clearly responsible for his actions and decisions, may have been misled; the consequence of the court recognizing the inadequate state of the testator when drafting a will is the recognition of this document as having no legal consequences;
  • incapacity of the testator, which can be proved after his death;
  • the document was drawn up under violent pressure / threats;
  • the chief or sole heir was deemed unworthy.

how to challenge an inheritance

Where to turn?

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.

Who are the mandatory heirs?

  • Children who at the time of opening the inheritance of the parent did not reach adulthood (juveniles).
  • Dependents recognized as incapacitated.

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.

what testament can be challenged

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.

Unadulterated 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.

Invalid document

how to challenge a will after death

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.

Recognition of the made will as invalid: full or partial

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.

How to prove the insanity of the deceased deceased

can a will be challenged

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:

  • Conducting posthumous psycho-psychiatricexamination, during which all information about the illnesses of the deceased is established for the period of drafting the will, is examined, by what medicines he was treated and what possible side effects and so on of these medicines. As a result of the medical analysis of the deceased's health, an opinion is drawn about possible mental abnormalities / disorders of the testator, who at the time of writing the will could not allow him to adequately dispose of the inheritance in the testamentary document.
  • Indication of close people living withtestator, as well as neighbors and acquaintances, may outweigh the scales in disputed questions about the state of the deceased. Perhaps they noticed his unusual behavior: he was lost on the street, forgot his name, where he lives, maybe he often communicated with himself and others.
  • Representing as evidence the irresponsibility of certificates from medical institutions that the testator was registered and treated for mental illness for the period of drafting the will.

The unworthy heirs: who are they?

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.

you can challenge a will after death

The consequences of revealing unworthy heirs

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.

Terms for challenging a will by inheritance

in which cases the will is challenged

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:

  • Three years to open the inheritance after the death of the testator. This term relates to a will that is considered null and void and has no legal consequences.
  • One year from the date of opening by the interested person of new facts, such as the testator's drafting under pressure and / or threats, which is one of the grounds for objections.

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.

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  • Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance Is it possible to challenge a will after the death of the testator How to challenge a testament to an inheritance