How to challenge a will

The will is an order of the person to transfer the rights to the property belonging to him after death to another person. There are cases when the heirs do not agree with the content of this document for one reason or another. Is it possible to challenge a will? The law provides for such an opportunity.

As a rule, the drafting of a will is made with the participation of a notary, who must certify the validity of this one-sided transaction. Does he evaluate the condition? In which the testator is located. In the event that the latter commits a transaction in a drunken state or under the influence of narcotic drugs, or there are other grounds for believing that the testator can not understand the meaning of the actions to be performed, to manage them, the notary must refuse to certify the document.

How to challenge a will? It is carried out in a judicial procedure by filing a corresponding statement of claim. Before the trial, it is first necessary to prepare and find evidence that will confirm the plaintiff's rights to the property. The application can be addressed by persons whose interests are violated by the 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, then of brothers and sisters, grandparents, after - more distant relatives are met.

It is possible to challenge the will not only as a whole. If necessary, certain provisions, called testamentary orders, are also disputed. As a rule, this happens if the testator has incapacitated relatives (children, parents, spouse, etc.), as well as those 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.

Legislation provides for such a concept as a void testament, that is, one that is drawn up with gross violations and errors, for example, in the absence of a signature or the name of the heir, etc. It has no legal force regardless of the court decision.

The limitation period for challenging a will may be different. It depends on when the plaintiff found out about the available 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:

• Drawing up a document by a person who is not fully capable;
• Contradiction to the legislation of the country;
• Non-observance of the established form of will;
• Writing a will in connection with violence, threats, deception and so on;
• The inability of a person to understand the meaning of his actions, to guide them.

It is rather difficult to challenge a will, especially when a notary is present when drafting it. At the same time, if the document is drawn up under extraordinary circumstances, it is possible to a greater extent. Wills can be made without a notary by persons who are on a voyage, on treatment in a hospital and the like. In this case, there must be witnesses. Since the latter may not meet the requirements imposed on them by virtue of incapacity, illiteracy, being at the time of writing a will in a drunken state, etc., the will of a deceased person can be challenged.

To make a fair decision, the court can appoint various examinations. For example, posthumous forensic psychiatric, forensic, handwriting and others.