A will is an order of a person to transfer the rights to his property after death to another person. There are times when the heirs do not agree with the contents of this document for one reason or another. Can a will be challenged? The legislation provides for such an opportunity.
As a rule, a will is drawn up with the participation of a notary, who must certify the validity of this unilateral transaction. Does he evaluate the condition? where the testator is located. If the latter completes the transaction in a drunken state or under the influence of narcotic drugs, or there are other reasons to believe that the testator cannot understand the meaning of the actions performed and manage them, then the notary must refuse to certify the document.
How to challenge a will? This is done in court by filing a statement of claim. Before the trial, you must first prepare and find evidence that confirms the plaintiff's rights to property. A statement may be made by persons whose interests are violated by will. If the court invalidates this document, inheritance occurs according to the law, in accordance with the order. First of all, the interests of children, spouse and parents are satisfied, then brothers and sisters, grandparents, and after that - more distant relatives.
It is possible to challenge a will not only as a whole. If necessary, certain provisions called testamentary dispositions are also contested. As a rule, this happens if the testator has disabled relatives (children, parents, spouse, etc.), as well as persons who are dependent on him, since they have the right to receive an obligatory share. In this case, the will is invalid only in this part, otherwise it is executed in accordance with the orders of the testator.
The legislation provides for such a thing as an insignificant will, that is, one drawn up with gross violations and errors, for example, in the absence of a signature or surname of the heir, etc. It does not have legal force, regardless of the court decision.
The statute of limitations for challenging a will can be different. It depends on when the plaintiff found out about the grounds for going to court. From that moment on, he has 1 year to file a claim . If the will is void, this period is 3 years.
The grounds for going to court to challenge a will are as follows:
- drafting a document by a person who is not fully competent;
- contradiction to the legislation of the country;
- failure to comply with the established form of the will ;
- writing a will in connection with violence, threats, deceit, and so on;
- the inability of a person to understand the meaning of their own actions, to manage them.
It is quite difficult to challenge a will, especially when a notary is present during its preparation. At the same time, if the document was compiled in extraordinary circumstances, this is possible to a greater extent. Testaments can be made without a notary by persons who are swimming, treated in a hospital, and the like. Moreover, witnesses are required. Since the latter may not meet the requirements for them due to incapacity, illiteracy, being at the time the will was drawn up in a drunken state, etc., the will of the deceased person may be challenged.
To make a fair decision, the court may order various examinations. For example, the posthumous forensic psychiatric, forensic, handwriting and others.