If there is a will, can the inheritance be requited?

According to Russian law, inheritance of property may take place in two ways, one of which is the preparation by the heir of a will certified by a notary containing all the nuances of the inheritance, which is regulated by article 62 of the Criminal Code of the Russian Federation.

However, writing a will in Russia is a practice of non-proliferation, unlike the entrepreneurial Europeans, Russians are not rushing to a notary to write their property to their relatives in advance.

Even if a person is "beginning" to make a will, the sudden death may hinder the intention, and the will may be declared null and void.

In such cases, the property of the deceased is distributed according to the law, in accordance with the provisions of article 67 of the Civil Code of the Russian Federation.

Contestation by will

An application to challenge an inheritance may be made either in a will or in a case where the estate is divided by law.

If a will is made, there is a chance to find grounds for invalidating the document, because the requirements for its content and presentation are very strict; the matter can be resolved by the notary if the will is declared null and void; this happens if the testator is found to be incompetent, the document is made without witnesses or a trustee, which is contrary to the law.

The reasons for challenging the will are as follows:

• Preparation of a document by a citizen who was not aware or in charge of his or her actions (art. 177 of the Criminal Code of the Russian Federation);
• The rights of the remaining heirs are violated;
• The document is prepared under pressure.

One of the common problems that the heirs face is a will that the heir can make on a complete stranger, and in this situation it remains to prove that the rights of the other heir are being violated.

The first right to file an action is vested in the spouse of the testator, the children, the parents of the deceased, if none exists, and the heirs of the so-called second line - grandparents, grandparents, brothers, sisters, grandchildren.

It is important to dispute a will within a statutory time limit. From the moment the fact that the will has been challenged is established, a claim may be filed within a year.

How can you exonerate an inheritance if there is no will?

In the absence of a will, the parties concerned may challenge the division of the inheritance by law and defend their rights in court.

By proving its relationship to the deceased, the interested party may deprive the remaining heirs of the right to inherit, in part or in general, depending on the degree of relationship between the testator and the plaintiff.

The certificate of succession is issued by the notary on the basis of documents confirming the relationship with the heir:

• All types of certificates (marriage, birth, adoption, etc.) registered in the civil registry;
• The registration of the spouse and children on the passport (if the persons concerned are parents, spouses, children);
• Checks of the place of work or residence of the heir or the applicant concerning the relationship;
• Social security documents if they are related to the confirmation of affinity.

But how to establish a relationship if the person concerned is unable to provide such documents – is that possible? In such cases, the applicants apply to the court, where other evidence available to them – the forensic reports, video recordings, photographs, correspondence, and other documents by which the relationship can be established.

How to Admit an Inheritor

The notion of "unworthy heir" was not a subjective characterization of a human being, but a legal term.

The law defines the provisions according to which the heir may be recognized as such.

• Those who commit unlawful acts against the heir or any other heir, or against the deceased's final will, may be threatened by the heir, forced to make or cancel a will, forged or destroyed the document, or compelled by threats or physical influence other heirs to abandon the inheritance.
• Parents deprived of parental rights cannot inherit property after their children.
• Citizens who have hidden other heirs from the notary, for example, in order to increase their share.
• Heirs who evaded the court ' s obligation to maintain the estate of the heir.

In any case, however, in order to find the heir unworthy, it is necessary to prove that this is documented by judicial acts that indicate the commission of an offence.

Dispute an inheritance without a will: How to act?

In order to review the certificate of succession, the court must take action, and the heirs whose rights have been infringed, or their representatives, have the right to file a claim.

The law determines the time during which the issue can be raised - three years - if no claims have been filed since the expiry of the period, it will no longer be possible to claim a share of the inheritance.

Application to court

The action brought to challenge must reflect a specific violation of the claimant ' s inheritance right and the claims for inheritance made by the applicant.

The application for a challenge to an inheritance includes mandatory paragraphs.

• "Scapka": Name, address of court; party to the proceedings (claimer, defendant) - IFI, home address, contacts.
• The main part consists of a description of the circumstances of the case: which rights were violated and how they were violated.
• The final is the plaintiff's demands.
• Date of writing, signature

The claim is accompanied by documents confirming the claimant ' s right to inherit the property; a death certificate; a receipt of payment of the State party ' s favour; and claims should be filed with the court of the district where the inheritance was opened.

Part or all of the inheritance may be exonerated by law only if all the papers submitted are recognized by the court.

How can you exonerate an inheritance if there is a will?

Everyone knows that the owner of the property has the right to own, use and dispose of the property at his discretion, including deciding who will be the owner of the estate if he dies.

But there are cases where the owner's will is not acceptable to the next of kin — the spouse, children, parents, sisters, and brothers.

Especially if, in the absence of a document, the latter are guaranteed the property of the heir.

And then the real question is, is the next of kin deprived of the right to inherit if it is not mentioned in the will?

Indeed, the law provides an opportunity to appeal the will, and today we will talk about it.

But we want to warn you: property, if there is a will, can be exonerated, but it is difficult to do so. Our laws, as well as those of other States, are worth protecting the owner ' s rights vis-à-vis his personal property.

Inheritor ' s rights

It's easy enough to make a will from a notary, which requires a minimum of documents – the testator's own passport and future beneficiaries.

• All property;
• any part thereof;
• indicate the specific heir and the part to which he is entitled.

The law grants the testator the following rights:

• The heir has the right to bequeath property to any person, regardless of nationality, registration or other conditions.
• Legal persons may also inherit a will.
• The owner has the right to distribute the estate among citizens who are not related to him.
• The owner has full freedom of expression; in other words, no one has the right to influence his decision, otherwise the document will be declared null and void by the court.
• A testator may deprive a person of his or her property by explicitly stating it in the document; in addition, he or she may be deprived of his or her inheritance by a special order, or simply by not mentioning a relative in the will; the reason for the withdrawal does not need to be indicated.
• The heir may change at any time or cancel the will altogether.

In the latter case, a notary who has witnessed the previous document should be contacted to cancel or modify a previously issued document; the notary will issue a cancellation order or certify a new will, the text of which will be modified in part or in full; once a new document has been signed and registered, the former will be cancelled.

Wills and heirs with compulsory shares

Some owners, for lack of attention, and sometimes on purpose, deny the property rights of their next of kin — the spouse, son or daughter, the parents — often in life.

But if he has not attained the age of majority, he is unable to work, but he must have a share in the inheritance; in fact, that is less than half of the inheritance he would have received under the law; and that is good than nothing at all.

Thus, the minor or adult children of the testator who are unable to work, the mother/father in need, the surviving spouse receives a portion of the property if the right to a compulsory share is violated in the preparation of the testator ' s will.

Wills and unworthy heirs

The deprivation of a compulsory share is not the only reason to challenge the will of the owner; the crime or unlawful acts committed by the future successor also cause the will to be annulled.

The court finds the heir unworthy and will deprive him of his rights to property if...

• He has committed a criminal act against the owner or other beneficiaries, which is proven and confirmed by the sentence;
• has had a psychological impact on other beneficiaries or heirs, has attempted to become the sole recipient of property or has increased its own share;
• Did not fulfil or improperly fulfil the obligations entrusted to him to provide for the heir (for example, did not list the legal alimony);
• Avoided duties towards the child (the present heir), thus depriving him of his parental rights.

As we have noted before, it is only by judicial means that a citizen can be recognized as an unworthy successor, as well as be deprived of his right to property.

In most cases, claimants in this category of cases are heirs who have received information giving them the right to appeal against the will of the testator.

The claim sets out the circumstances of the case, provides evidence that supports the case (the court ' s decision that entered into force, the decision to deprive the child of rights, the evidence of moral influence on the successor or owner – audio recording of the negotiations, correspondence, explanations of the witnesses).

The court will analyse the documents received and make a decision whether to dismiss the claim or to satisfy the claims.

In the latter case, the will shall be revoked, and the division of inheritance property shall take place between the legal successors, in order of priority; the persons mentioned by the testator shall no longer be able to claim the property unless they are legal successors.

Upon the entry into force of the court's decision declaring the will null and void, the inheritance certificates issued on the basis of it are revoked and processed by new relatives who have acquired inheritance rights under the law.

When is the will declared null and void?

If the will is an official document, it must comply with the requirements of the Russian Code of Criminal Procedure. If the form or text is in conflict with the law, the court will declare it null and void – in whole or in part.

The invalidity of the will is an excellent opportunity for relatives deprived of property to obtain their share of the inheritance.

Article 168-179 of the Russian Civil Code lists the circumstances under which a document may be revoked.

• The document is not in accordance with the law and other regulations;
• Contains conditions that violate legal order and moral values;
• is false (not in line with its primary purpose) or fake (with its help another transaction or other legal relationship – with other terms);
• is signed by a person who has been totally or partially deprived of legal capacity or whose legal capacity has been restricted (this fact must be confirmed by the relevant judicial decision);
• Signed by a minor who has not yet acquired legal capacity;
• At the time of writing, the owner was unaware of what was going on and did not report on his actions – as a result of severe illness, exposure to powerful drugs, narcotic drugs, psychotropic drugs, and alcohol;
• The owner was deliberately misled as to the circumstances of the inheritance;
• Threats, fraud, physical or mental influence were used against the testator;
• There has been an adverse convergence of circumstances (for example, the heir is in a difficult financial situation).

In addition, the will of the testator may be appealed not only to the court but also directly to the notary.

• In the event of an irregularity, there is no date or place, no signature of the heir;
• Notarized or missing the signature of the official who is entitled to the assurance;
• Signed by several heirs;
• Signed by the person representing the owner ' s interests;
• Formed in exceptional circumstances, with no witnesses present;
• A private will has been issued and it has been given to a notary without witnesses;
• There were closed wills, but there were no emergency conditions.

This list of grounds which give rise to the right to cancel a will is non-exhaustive; if relatives suspect that their rights have been violated in the course of the issuance of the document, they should immediately apply to the court or notary and seek its annulment.

For example, some heirs mistakenly believe that they have a share of the property only because they are close relatives or care for the testator.

How to Retrieve Property?

We will now elaborate on how to appeal the will – who makes the application, which court is competent to consider the claim, how to make a valid statement, which documents to present to the court.

Who can go to court?

• Survivor of the spouse;
• Father/mother;
• Son/daughter.

If the first heirs are absent, the second-line relatives are entitled to appeal, and then, in order of priority.

In addition, the right of appeal is granted to dependents who have been unable to work for more than one year and who will inherit the estate of the testator on an equal basis with the legal beneficiaries.

Claims for the invalidity of a will are heard by the municipal or district courts, and the heirs specified in the will are the defendants in the proceedings; therefore, the court of the place of residence of the successor should be referred to the court.

Statement of claim

The claim is made in accordance with the requirements of the Criminal Code of the Russian Federation, and the following information is provided in the document:

• Name, address of the recipient (judicial authority competent to hear the claim);
• FIO, residence, contact numbers of the applicant and the respondent;
• The value of property in the estate;
• FIO, address of last residence of the heir, date of death;
• Confirmation of the relationship with the testator or data on the applicant ' s security with the testator;
• Information concerning the will (date in which the notary office is certified) under which conditions the inheritance takes place;
• Information on inheritance property;
• The grounds for invalidating the will (i.e. the violations of the law that have been committed);
• A violation of the applicant ' s rights (if the applicant is a relative claiming a compulsory share);
• What unlawful act has been committed by a person named in the will (for claims for recognition of the successor as unworthy).

The following requirements should be laid down:

• To recognize the right to a compulsory share in the inheritance;
• To declare the will null and void in whole or in part;
• to declare the successor unworthy.

The conclusion is a list of documents and other evidence attached to the application.

Annex to the claim

A package of documents shall be sent to the court, in addition to the application, and it is impossible to specify all documents, since their existence depends on the nature of the requirements.

• The applicant ' s passport;
• The certificate of death of the owner;
• The will;
• The documents that confirm the relationship with the heir (or the fact that the claimant is dependent);
• Legal, registration documents for property to be inherited.

The following may be submitted as additional documents in court:

• Medical records, hospital records;
• The conclusion of a forensic, psychiatry and handwriting examination;
• Testimony of witnesses;
• Telephone decrypting, video recording, correspondence, etc.

Limitation period for the appeal of a will

The legislator limited the statute of limitations to relatives wishing to appeal against the will of the testator.

• For the purpose of declaring the will null and void (document not in accordance with the law), the period of limitation is equal to three years and is calculated from the day when the failed heir has learned or may have learned of a violation of his inheritance right.
• In order to challenge the will (in the absence of the free will of the testator), the time limit for appeal is one year and is calculated from the date on which the fact has been established that it was invalid.

In our previous article, we described the procedure for inheritance of property without will.

Can the inheritance be set aside if there is a will?

• A large number of people are currently facing a legacy-related problem.
• It must be understood that, in the case of a legacy-related problem, it is advisable to contact a lawyer who knows the law and can help.
• But in this case, we will try to consider and understand on our own all the useful and necessary information that is relevant to this issue.
• It is important to note that it is possible to exonerate a legacy that has been made by will, but only such a trial takes a long time and is not easy.
• The fact is, if the property has already been transferred to another person, the old will should be revoked in the first place and only then should the issue of obtaining the right to receive the property be raised.
• For such actions, it is important to understand certain information and regulations that will guide you.

Every person who wishes to transfer his or her property in the future must understand that such a process does not require special knowledge of laws or additional documents.

In such a case, the identity document — the passport — is sufficient, and the testator has determined exactly who he will write in his will, so it is necessary to have the latter's passport data.

The disposition of property is a number of options:

• All property can be transferred;
• A certain part of the property is transferred;
• Transfer of the exact part, with a description of the property, to the specific heir.

The transfer of property by inheritance takes place regardless of who the recipient is, what his religious beliefs are, what his registration is, and what his nationality is, all of which is irrelevant.

The testator has the right to hand over his property to whom He pleases, and he may be assigned to a number of his heirs, even if he is not a relative.

In the event that someone interferes with the will of the heir, as a result of which the heir will accept or renounce the will, such a will can surely be declared null and void.

So, according to article 1130 of the Russian Civil Code, each heir can cancel as well as change the text of the will, so the latter will turn to the notary, which will result in the making of an order and the cancellation of a will or the issuance of a completely new document.

It should be understood that the will of a person who has chosen to make a will may be restricted only if there is a compulsory share in the inheritance, as indicated by article 1149 of the Criminal Code of the Russian Federation.

In other words, if the testator has children who are not yet working, citizens who were dependent before his death, or parents — they have full legal right to take their portion.

The above-mentioned process may also take place if the rights of certain persons concerned are not taken into account; they have the right to challenge a will, but only if the inheritance is not yet public.

The problem with such a situation was that such persons would not be able to inherit until the time of the full challenge of the will, at which time the legal heirs would receive it.

Contestations of inheritance may also occur in such cases:

• The will was made by a person who did not understand his actions (article 177 of the Criminal Code of the Russian Federation);
• The right of heirs has been violated;
• The form in which the document is drawn up is not in accordance with the rules laid down in the legislation.

The document ' s substance

First of all, the above-mentioned document may be drawn up by a citizen who is competent and who has reached the age of 16.

The purpose of such a document is to dispose of property that is already in the possession of the said person or that will be in the future; the transfer of such property shall take place only after death.

A citizen may make a will in favour of his or her relatives as well as other persons; if some changes have been made to the will or it has been revoked at all, it is not necessary to report such acts.

In the event that it is established during the trial that the text of the will is written under the pressure of one or the other heir, the latter shall not have the right to make such an inheritance.

According to article 1124 of the Russian Civil Code, the will is notarized and only after such a procedure can it be considered lawful and valid.

In the event that a person who has decided to write and certify the above-mentioned document fails to come to the notary for reasons of poor health, the latter must come to his or her home.

Legislation, and in particular articles 1149 of the Criminal Code of the Russian Federation, establishes a specific list of citizens who may receive a compulsory part of the inheritance:

• Minors;
• Non-working children of the heir;
• Those citizens who are fully protected by the heir.

How to challenge a will

Such a document could be challenged only through judicial proceedings.

Moreover, it is only in some cases that a notary can cancel the will of the person who drafted the document:

• If the person who has made the will is declared incompetent;
• No witnesses were present at the testator ' s testimonial;
• Legislation was violated when the document was issued;
• The document formed a trusted person, in flagrant violation of the regulations.

A document can be challenged in court in such cases:

• The signature is found to be forged;
• The law of third parties is not taken into account in the preparation of the document;
• In making the will, there was pressure on the testator.

It should be noted that the grounds are divided into special as well as general ones, the latter being those set out in article 9, as well as in article 62 of the Criminal Code of the Russian Federation.

The main reasons for invalidating a document are:

• A person who has made a will, suffered from certain mental disorders or has been declared legally incompetent;
• The will does not correspond to the text of the will;
• The issuance of a document violates the law.

Special grounds include those points that imply an irregularity of the will:

• Formation under the influence of violence as well as deception;
• The document does not specify the date, place or signature of the person on whose behalf it is drawn up;
• The paper was prepared by the representative.

Who has the right to challenge the will

A document such as a will can be challenged by those we call legal heirs.

In other words, it may be done by those citizens who were fully entitled to receive a inheritance if the heir had not written a will with another text.

They were the ones who could be in the first line of heirs and get the property.

So, the list of the first persons in the heir's line:

• The spouse;
• Children;
• My parents.

In the event that there is no one in the first line, those who have been assigned the second degree by law may challenge the document.

Moreover, those who are listed in the document may claim their rights to property.

In this regard, we should not forget those who are entitled to a compulsory part, and such citizens can also initiate legal proceedings and defend their rights.

It should be known that the right to inherit can be challenged within the time limit specified by the law; the time limit depends on the option of recognition of the transaction.

The fact is, if the document is null and void, the statute of limitations is three years from the time the person became aware of the violation of his rights.

If the will is contested, the time limit is 1 year from the moment a certain person has learned of such a fact.

The statement of claim must contain the name of the court to which it is sent, as well as full information about the person who is brought before the court (place of residence, contact number, F.I.O. and the price of the application).

The centre page contains the title of the claim and basic information on the nature of the problem. It is worth mentioning all the data on the heir, the date of death, the information on the will, and so on.

As an attachment to the suit, it is worth attaching a receipt of payment to the Minister's office, a copy of the will, and a death certificate.

Can the inheritance be set aside if there is a will?

The owner of the property is free to own, use and dispose of the property, and to decide who will be the owner of the property if he dies.

The will of the heir is issued by a written, notarized document, a will.

Rights of the testator

It's easy enough to make a will from a notary, which requires the passport of the testator himself and of future beneficiaries.

The owner has the right to dispose of personal property by handing over to other persons:

• all property,
• Some part of it,
• indicate the specific heir and the part to which he is entitled.

The law grants the testator the following rights:

1. irrespective of nationality, registration or other conditions, the heir is entitled to bequeath property to any person,
2. The testator may also act as a testator by legal persons.
3. The right to distribute the estate among citizens who are not related to him or her;
4. the owner has full freedom of expression, i.e. no one has the right to influence his decision, otherwise the court will declare the document null and void.
5. The heir may deprive the property of particular persons by explicitly stating it in the document and may also deprive the heir of the inheritance by making a special order or simply not mentioning the relative in the will.
6. The testator can change at any time or cancel the will altogether.

In order to cancel or modify an earlier document, a notary must be consulted who has witnessed the previous document.

The notary will either issue a cancellation order or certify a new will in which the text will be amended, in part or in whole. The previous document will be cancelled once the new document has been signed and registered.

Mandatory heirs include:

• children who have not attained the age of majority (minor) by the time the parents ' inheritance is discovered,
• Persons declared incapable of work as dependents.

And those who are nearer to you than those who are nearer to you, and those who are nearer to you, and those who are nearer to you, and those who are nearer to you, and those who are nearer to you, and those who are nearer to Allah than you, and those who are nearer to Allah, and those who are nearer to Him than you, and those who are nearer to Allah, and those who are nearer to Allah in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and those who are in the Hereafter, and the Hereafter, they are the successful.

The State protects those heirs who, for objective reasons, are unable to earn their own income and are unable to maintain themselves fully.

In the event that the heir identified in the testator ' s testator ' s statement may be deprived of his means of subsistence by handing over a certain portion of the inheritance to the compulsory heir, the latter will still be prevented from obtaining his share of the property.

In which cases will the will be challenged:

• In his will, the deceased citizen did not mention any binding heirs,
• A testimonial document has not been correctly drafted for any parameters,
• In writing his will, the applicant was in a state in which he could not be held strictly responsible for his actions and decisions (it was misleading, as a result of the court ' s finding that the testator ' s condition was inadequate in the preparation of the will, that the document had no legal effect),
• the incapacity of the testator, which can be proved after his death,
• the will was prepared under violent pressure/threats,
• The only heir was found to be unworthy.

Only when the inheritance is made public can a will be recognized as invalid.EThe testator's life is useless.

When the will is declared null and void

The will is an official document, and it must comply with the requirements of the Russian Code of Criminal Procedure. The court declares it null and void – in whole or in part, if the form or text is contrary to the law.

The will shall be declared null and void in court:

1. if the document is not in conformity with the law and other regulations,
2. If it contains conditions that violate legal order and moral values,
3. if false / fake (other transaction or other legal relationship - with other terms)
4. if signed by a person totally or partially deprived of legal capacity or whose legal capacity is limited (to be confirmed by a court decision),
5. If signed by a minor,
6. If the owner at the time of processing was unaware of what was happening and did not report on his actions (as a result of severe illness, exposure to powerful drugs, narcotic drugs, psychotropic drugs, alcohol),
7. if the owner has deliberately misled him as to the circumstances of the succession,
8. If the testator has been subjected to threats, fraud, physical or mental influence,
9. If there has been an adverse sequence of circumstances.

The will shall be considered null and void if:

• There are irregularities in its presentation – no date and place, no signature of the heir,
• notarized or missing the signature of the official who is entitled to the assurance,
• signed by several heirs,
• signed by the person representing the owner ' s interests,
• in exceptional circumstances, but no witnesses are present,
• A sealed will has been made and given to a notary without witnesses,
• A closed will has been issued, but there are no emergency conditions.

This list, which gives the right to cancel the will, is non-exhaustive; in the event that relatives suspect that their rights have been violated in the course of the issuance of the document, a court or notary should be brought before a court or notary to seek its annulment.

Minors and/or disabled children, disabled parents, husband or wife of the testator may sue part of the inheritance if the will violates the right to a compulsory share.

Contestation of will, statement of claim

Not only is the entire will subject to challenge, but its individual provisions are also subject to challenge if they are not in conformity with the law.

The claim must be accompanied by copies of the documents supporting the right to challenge:

Evidence of affinity	It is proved either by marriage certificates or by birth certificates.
Certificate of death of the heir	meaning the discovery of the inheritance
Documents relating to ownership of property referred to in the will	They are important in the case of real property/other property registered as joint property
Evidence of unworthy behaviour by one of the heirs	site-specific protocols

Can you sue the estate if you have a will from a notary in 2018?

• It is possible, but it is rather difficult, to pronounce on a will.
• Indeed, in order to obtain a legal inheritance, the will must be annulled or declared null and void by the courts.
• In order to do so, we need to know exactly where that is possible.

Rights of the testator

The testator does not need many documents to make a will, his passport will suffice, as well as the passport data of potential heirs.

The heir may dispose of the estate at his discretion by handing over to the heir:

• All property;
• Part of the property;
• indicating which part a particular heir will be able to obtain.

The testator may inherit property to any citizen, whether registered or not, as well as his or her nationality.

By virtue of the rights available, the testator may distribute property between persons who are not his or her relatives.

The heir is free to express his will, so no one can influence his will, otherwise the will will be declared null and void.

The heir has the right to deprive the heir of his property in the will, without giving any reason for the decision, either by a special order or by an express statement in the will, or by not mentioning it at all.

If there is a will on the part of a notary, can the inheritance be exonerated? The rights of the heir also include the possibility to cancel or modify the will in accordance with article 1130 of the Russian Civil Code.

This may be done by contacting a notary to issue and issue an order to cancel a will, or by issuing a new will that will be either partially altered or cancelled altogether.

If there is a will, can the inheritance be requited?

The will of the testator may be restricted only in one case – one must not forget the compulsory share in the inheritance referred to in article 1149 of the Russian Criminal Code.

If the children who are unable to work, the parents of the testator and the citizens who were dependent on him or her do not receive a compulsory portion of the inheritance, they are entitled to apply to the courts for the reimbursement of the portion of the property they are entitled to.

The inheritance may also be exonerated if the rights and interests of the persons concerned are violated by contesting the will in court.

It is not possible to challenge a will before an inheritance is discovered.

However, once the persons concerned are able to obtain the estate due to inheritance in court, the persons identified in the will will will be able to inherit under the law.

The following grounds may be used to dispute or award inheritance:

• The will was drawn up by a citizen who did not report on his or her actions and could not direct them under article 177 of the Criminal Code of the Russian Federation;
• The rights of heirs have been violated or violated;
• The form of the will is not in accordance with the law.

The document ' s substance

A will must be drawn up by a capable adult citizen with the aim of:

• disposal of property that is available or will be purchased in the future:
• Hand it over to the heirs after death.

At the request of the testator, a will may be made in favour of both relatives and loved ones.

The heir may either cancel or change his will to his own discretion, without requiring citizens to declare the existence of a document or change it.

If, however, it is established in court that the will was made under the pressure of one of the heirs, he shall not be entitled to make the inheritance upon the death of the testator.

At the notary's.

According to article 1124 of the Criminal Code of the Russian Federation, a will must be certified by a notary only after it has legal force; the will must contain the date and place of the certificate.

Any notary, anywhere in the county, can have a document.

If, on the other hand, it is not possible to reach a certain notary, the document can be confirmed in the place of residence of the testator.

A notary who is attached to a particular territory must certify a will at the place of registration of the testator, but if the testator is ill, the notary must come to his home.

Mandatory heirs

The law establishes a range of compulsory heirs who claim a compulsory share of the inheritance under article 1149 of the Criminal Code of the Russian Federation:

• Minors and non-working children of the heir;
• Unable to work spouse(s);
• Persons who are in the estate of the heir.

How do I challenge it?

A will can be challenged by a court of law.

A notary may also cancel the will of the heir if the will is null and void, i.e.:

• The heir was incompetent;
• The certificate was made without witnesses;
• The provisions of the law were violated when the will was made;
• The document was drawn up by a trustee, which was not legally permissible.

The court may challenge the will for the following reasons:

• The signature was forged;
• The interests of the persons concerned have not been taken into account or prejudiced;
• The testator was put under pressure.

Grounds

The grounds may be general and special.

For example, Chapter 9 and Chapter 62 of the Criminal Code of the Russian Federation are general requirements, and the grounds for invalidating a will may therefore be as follows:

• The testator suffered from a mental disorder or was declared legally incompetent;
• The will of the testator does not correspond to the text of the will;
• The document was not properly processed.

Special reasons, however, are the following:

• The preparation of a document under the influence of deception or violence against the testator;
• The document is not written according to the rules: absence of the date, place of the will and signature of the testator;
• The will is made through a representative.

Who has the right?

The last will of the heir may be challenged by the law, i.e. citizens who could have inherited if the heir had not made a will and were part of the first line of succession.

The list shall include:

• The testator ' s spouse;
• Children;
• My parents.

If there are no persons listed above, second-line citizens may challenge the will.

Persons who are listed in the will may also assert their inheritance rights in court.

It is important not to forget those who claim a compulsory share of the inheritance, but they can also apply to the courts.

Statute of limitations

A will may be challenged within a statutory time limit; the determination of the limitation period will depend on which unilateral transaction (the will) has been recognized.

If the will was declared null and void, the statute of limitations would be three years from the time the person concerned learned that his or her rights had been violated.

If the will is declared to be in disputable, the will may be challenged within a year from the moment when the fact that the will has given rise to the nullity of the will has been established.

Model statement of claim

The declaration of nullity of the will shall contain the following information:

1. In the upper right corner, the name of the court to which the person concerned refers, as well as information about the plaintiff and the defendant, indicating their place of residence, must be indicated by F.I.O., the notary who certified the will.
2. The price of the suit.
3. The centre shall contain the name of the statement of claim.
4. The main part of the claim must contain basic information on the date of death, as well as his personal data, the existence of a related relationship with him and basic information on the will and the circumstances of the application to the court.
5. The situation described must be confirmed by law.
6. To indicate why the plaintiff applied to the court to challenge the will, specifying certain circumstances.
7. Annex of documents confirming the substance of the statement of claim.
8. Signature of the plaintiff and date of filing of the application.

The following documents should be provided as an annex:

• A receipt for the payment of the Minister ' s office;
• A copy of the will;
• The testimonial of the death of the heir.

Often asked questions

Succession issues are a rather complex category of cases, especially will challenge cases, and in practice in 2018, citizens were quite often faced with problems of challenge to wills.

Unable to work pensioner

• If one of the potential heirs (the pensioner is disabled) is not identified in the will, he may challenge the will in court in part pursuant to article 1149 of the Criminal Code of the Russian Federation.
• If there are two persons in the will, the compulsory percentage of the person concerned will be 2/3 of the proportion that a disabled pensioner could have in the inheritance under the law.
• In order for him not to receive a share of the inheritance, the testator must cancel the will and write a gift in life.

In the psychic record.

If the testator was on a mental record and wrote a will on someone else ' s behalf, the testimonial may be challenged by a court of law and declared null and void.

However, evidence of inadequate conduct by the testator must be:

• Documents and certificates from the clinic;
• Witnesses who may be neighbors.

The procedure for challenging a will is rather complicated, and court disputes can take a very long time.

In this case, citizens who have decided to challenge the will of the testator may seek the assistance of a lawyer who will assist in the dispute.