How to challenge the will

Hereditary disputes are very popular in notarial practice. The lion's share of such a legal category occupy issues related to the challenge of the will. The reasons for this are the most diverse: disagreement of legal representatives or other stakeholders who appear in a parallel administrative letter of the deceased with a document on inheritance. Consider how to make this complex legal procedure.

1

Legislative aspects

The testament is a one-way transaction ( art. 1118 of the Civil Code of the Russian Federation) Therefore, the willingness described in it can be challenged, and the document itself is invalid. However, this requires good reasons. In addition, it is possible to start the appeal process only after the death of the testator and the opening of the inheritance. With his life, such actions are prohibited by law ( art. 1131 of the Civil Code of the Russian Federation). The Civil Code defines two types of invalid orders:

1. The insignificant is that originally does not have legal strength.
2. Clemented - when the will is rejected by the court.

2

Grounds for cancellation

One desire for cancellation is little. This process should be based on legal grounds. These include:

1. Signs of negligible testament:
   • The document was drawn up by the representative, and not personally ( art. 1118 of the Civil Code of the Russian Federation).
   • The testament is issued with violation of the requirements: written on behalf of several persons, signed by a citizen who has no rights, etc.
   • There are signs of a feigned or imaginary transaction.
   • The established form and procedure for the testamental disposal is not met or there are suspicions in the falsification of the signature of the testator.
2. Signs of the challenge of the will:
   • Inadequacy or incapacity of the testailer. The recognition of the deceased is possible after his death in court.
   • The person at the time of the preparation of the document was under violent influence Or did not report for their actions ( art. 177, 179 of the Civil Code of the Russian Federation).

It is worth noting that the persons specified in article 1149 of the Civil Code of the Russian Federation, are mandatory heirs, despite their absence in the will.

Download on our site:

• A request to assign posthumously forensic examination;
• Sample application for the appointment of forensic examination posthumously;
• Model petition for handwriting examination;
• Sample application for handwriting examination.

3

The procedure for recognizing the testament invalid

To challenging the document containing the will of the deceased, the interested person must be applied with a claim for the court. These citizens include: people specified in another will, heirs under the law and other interested parties. Adhere to the following algorithm:

1. Decide on the grounds that give the right to challenging the contract for the transfer of inheritance.
2. Specify the limitation period. For an accommodated inheritance, it has been installed during the year from the moment the plaintiff detects the grounds for this, and for insignificant - three years ( art. 181 of the Civil Code of the Russian Federation).
3. Prepare a lawsuit and acquire a solid database of evidence. Submit documents to court.

4

Form of claim

It is necessary to understand when it comes to challenging the insignificant inheritance, it is said about the claim with the recognition of the fact of the invalidity of the document. While the process of an accompanied will is accompanied by submitting a claim with the requirements to convert existing legal relations. In any of the cases in the preparation of the application, adhere to the uniform requirements prescribed in article 131 Code of Civil Procedure of the Russian Federation:

• In the "hat", specify the judicial body and FIO of the Justice of the World Judge, as well as the personal data of the plaintiff and the defendant.
• In the center, place the name of the document - the "statement of claim".
• In the main part, describe your requirements in free form. At the same time, specify the testailer data and the date of his death, refer to the relevant articles of the Civil Code.
• Final part form from the list of accompanying documents (copies of the testamentary disposal, a document on relationship, medical conclusions, etc.). Do not forget to put your own signature and date.

If there are the consequences of an insignificant testament (for example, cash was sent), and the heirs found it postfactum, then they need to go to court with a claim for the application of the consequences on the results of an insignificant transaction.

Download right now:

• A claim template for recognition of an arbitrary will invalid;
• A sample of the claim for recognizing an arbitrary will invalid;
• Claim for the recognition of the administrative document negative;
• An example of a claim for recognizing the administrative document is insignificant;
• Claim for the use of the consequences of the invalidity of the will;
• An example of a claim for the use of the consequences of the invalidity of the will.

In most cases, the transactions on the wills are recognized precisely with the challenges, because Currently, Russian citizens seek specialists to properly execute the administrative document. Such an objection process is very energy-intensive and difficult. To win him in court, you need to be extremely convincing and have a good evidence base.