Application for nullity of will (model)

If you doubt a will left by a person close to you, you can challenge it in court and apply to the court for annulment of the will.

It is best for you to fulfil the term of six months, until the heirs of the bequest have received a certificate of inheritance.

In our article, we will also provide you with a sample of the application, drawn up in accordance with the law, which you can download free of charge and without registration.

In addition, consider the need for the appointment and review of cases in the category under consideration.

Who can file the claim and who is the defendant

In which cases the will may be declared null and void, we have spoken here.

Persons whose rights and interests have been violated by the present will may file an application for annulment of the will.

These include:

• Legacy by law;
• The heirs of a will which the heir had made earlier and which had been revoked by the contested will;
• The authorized organs of the State in cases where the State could claim inherited property were it to be exhausted.

Those responsible for these cases are those named in the will as heirs or those who have already taken the inheritance.

A notary who has certified the testator ' s signature is engaged as a respondent or a third party.

Appointment of an expert opinion when a will is declared null and void

Quite often, the will is challenged in court on the grounds that the heir was not fully capable at the time it was made.

It is possible to establish this fact only by examining his mental state at the specified time, since the testator is no longer alive, it is possible to do so only in the course of a post-mortem psychological and psychological examination ordered by the court.

• In order for the court to decide to carry out this examination, it is necessary to prove the need for her appointment.
• Medical evidence suggests that the deceased in life was registered in a drug or psychoneurological clinic, abused alcohol, and was characterized by inappropriate behaviour.
• In addition to medical records, the testimony of witnesses who had a good knowledge of the heir could be obtained.

The examination shall examine the psychological condition of the testator at the time of the signing of the will and shall result in an expert ' s opinion and detailed explanation, which may be decisive in reaching a judicial decision declaring the will null and void.

A psychiatric psychiatric examination shall be appointed and carried out in accordance with a court order.

Model statement of claim for nullity of will

The proposed model application for nullity of the will is prepared in accordance with the requirements of the current legislation.

To the City Court of Ljubertsa, Moscow Region

300410 Lubjetzi, Street of May, D.16

Claimant: Lemesheva Remma Arkadievna

:: 300412 Lubjertzi, Karbshev Street, 16 square kilometres 21

Defendant: Alexander Matveevich,

== sync, corrected by elderman ==@elder_man

1. Third person: notary of third notary
2. offices in the city of Ljubjerica
3. Galin Alexeevna's noodle,

300415 Lubjetzi, Nansen Street, 18

• Value of claim: 6,000,000 roubles
• EXPLANATORY STATEMENT
• declaration of the will to be null and void

On 14 January 2016, my father, Kosov Arkadiy Nikolajevic, born on 16.11.1942, died of P-PC No. 342671.

After his death, an inheritance consisting of a two-room apartment located at the city of Ljubertsi, Moscow region, Zonal Street, House No. 62, apartment No. 127, opened.

I'm the only heir to the first line of law.

After the death of the heir, I applied to the notary for the issuance of my inheritance rights, and I learned that on August 28, 2015, my father made a will which left all the property of the deceased to Stupnik Alexander Matveevich, born in 1964, and was certified by the notary of the third notary office of Luberza Lapnik Galina Alexeevna.

Due to my father's deteriorating health, I moved into his apartment and was with him until his death.

From 2012 until his death, my father suffered from certain illnesses related to his old age.

At the beginning of August 2015, my father's condition began to deteriorate, so I decided to move in with him to care for him.

He did not leave the apartment until 30 August 2015 on the grounds that the contract had not expired and he was looking for a new apartment.

Since my father was an elderly man and suffered from a number of chronic illnesses, as confirmed by the relevant medical reports, his mental state deteriorated in the last year of his life.

His behavior indicated that he did not understand the meaning of his actions and could not direct them, so I went to the Luberci Psychoneurology Clinic on the issue of his father's mental health.

On 1 October 2015, he was examined, diagnosed with a mental illness, ordered treatment, and registered with the above-mentioned clinic, for which there is a certificate.

1. I, my relatives, as well as the neighbors who knew my father, can testify in court about his state of health.
2. In view of the above, I believe that at the time of making the will in the name of Stupnik Alexander Matveevich, my father was not fully capable, and if he was capable, he was at the time of the will in a state where he was unable to understand or direct his actions.
3. Thus, the will in question is null and void as it is committed in violation of the requirements of the law in force.
4. Under article 1131 of the Civil Code of the Russian Federation, in the event of a violation of the provisions of the present Code giving rise to the invalidity of the will, depending on the grounds for invalidity, the will shall be null and void by virtue of its recognition by the court (disputable will) or independently of such a declaration (incriminating will).

I believe that the father ' s will in favour of Stupnik Alexander Matveevich does not meet the requirements of articles 21, 177, 1118 of the Russian Civil Code.

According to article 1118 of the Criminal Code of the Russian Federation, property may only be disposed of in the event of death by means of a will.

• A will may be made by a citizen who, at the time of its performance, has full capacity.
• The will is recognized on the basis of article 154, paragraph 2, of the Russian Civil Code and articles 155 and 156 of the Russian Civil Code as a unilateral transaction creating rights and obligations after the discovery of the inheritance.
• In accordance with article 21, paragraph 1, of the Criminal Code of the Russian Federation, civil capacity is the capacity of a citizen to acquire and exercise civil rights by his or her actions, to create civil obligations for himself or herself and to perform them.
• If the transaction does not comply with the requirements of the law, it is null and void if the law does not establish that the transaction is disputable or does not provide for other consequences of the breach.
• In accordance with article 29, paragraph 1, of the Criminal Code of the Russian Federation, a mental disorder that prevents a citizen from understanding or directing his or her actions constitutes a ground for declaring a citizen incapable of being competent.
• According to article 177, paragraph 1, of the Criminal Code of the Russian Federation, a transaction performed by a citizen, although capable but at the time of its commission in a state where he or she was unable to understand or direct his or her actions, may be declared null and void by a court on the claim of that citizen or other persons whose rights or legally protected interests have been violated as a result of its commission.
• I believe that the disputed will violated my rights and legitimate interests as the heir to my father, Kosova Arkady Nikolaevich.
• In accordance with articles 21, 168, 177, 1118, 1131 of the Code of Criminal Procedure, articles 131 and 132 of the Code of Criminal Procedure,
• Past Court of Justice:

1. To declare null and void the will of my father, Kosov Arkady Nikolaevich, in favour of Stupnik Alexander Matveevich, and certified by notary Lapnik Galina Alexeevna.

2. In preparation for the trial, please assist in seeking from notary Lapnik Galina Alexeev, a will made by Kosov Arkady Nikolaevich in favour of Stupnikov Alexander Matveevich.

3. To recognize me as Lemeteva Rimma Arkadievna, born on 26 March 1951, the right to own an apartment located at:....................................................................................................

4. Take measures to secure the claim by arresting an apartment located at the city of Ljubertsi, Moscow region, Zonal Street, House No. 62, apartment No. 127.

Annexes:

1. Copies of the statement of claim - 2

2. Copy of Kosovo Arkady Nikolajevic ' s death certificate

3. A copy of the Lémémé Remma Arkadievna ' s birth certificate

4. Copy of the marriage certificate

5. Record of Kosovo ' s Arcadia Nikolajevic ' s disease

6. Report of the psychoneurological clinic

7. A copy of the ITU Disability Group Establishment Paper

8. Application for psychological and psychological examination

9. Certificate of State registration of the right to an apartment

10. A copy of the contract for the hiring of a room in apartment No. 127, Zonal Street, House No. 62

11. Compensation of the payment of the Ministry of Foreign Affairs

1. 25 February 2016
2. Lemeshev Remma Arkadievna
3. Disputing a will to invalidate it is particularly difficult because the trial takes place after the death of the main actor, the testator.
4. And the most common way to prove that person's behavior in his life is to prove it.

It is often decided whether to order a variety of examinations, collect a large amount of evidence, and the plaintiff must prove in court the circumstances to which he refers by demanding that the will be declared null and void.

This is unlikely to be done without specialized knowledge and experience in the field of inheritance law.

Judicial practice shows that there are real chances of success in bringing a will claim before a court, where there is evidence that the testator suffered from mental illness, alcohol abuse or drug abuse, and in some cases drugs may be part of medications ordered by a doctor to alleviate the condition of the sick person, but may also affect the mental state of the person concerned.

• If medical records are available, as well as evidence to support these facts, they must be used in a reasonable and timely manner.
• Lawyers on our website specializing in the protection of citizens ' inheritance rights can do so at a high professional level.
• The participation of our lawyers in the process of invalidating wills and the results of their work will be discussed in the next article of our website.

An application for annulment of a will — how to write and file

Article 131 of the Criminal Code of the Russian Federation regulates the filing of an application for annulment of a will. If the rules for the preparation and filing of a will are violated, the claim will be returned to the complainant.

A challenge to the legality of the will is possible only after the commencement of the inheritance case, i.e. after the death of the testator; this is not permitted in the past; as a rule, the statement of claim is based on the fact that the author of the will was insane at the time of the issuance of the document; however, other reasons are also possible.

How to file an action for nullification of a will

In the form of a will, the heirs often allow for ambiguity; this often leads to disputes between the heirs.

To apply to the judicial authorities and to resolve all disputes, it is necessary to:

1. To determine the grounds on which the will may be declared null and void, it will be necessary to verify thoroughly whether the will was correctly formulated, whether its form was respected, whether the testator understood what was happening, etc.
2. To understand who will be the party to the trial, a person whose rights and legitimate interests have been violated by the writing of a will may apply to the court, who will be the heirs of the law.
3. To collect the necessary evidence, these may be statements, various witness statements, etc.

The statement of claim shall be in writing and may be written or printed.

The following structure shall be followed in the design:

• The name of the judicial authority to which the application is made;
• Identification of the plaintiff and the defendant – FIO, address of residence, contact information;
• The circumstances on which the requirements are based – i.e., where the plaintiff's rights have been specifically violated (disputes of the testator's capacity, mental disorder, misleading of the testator, etc.);
• The price of the claim is determined by the appraiser or by himself, is written in cash equivalents, in rubles (which determines the amount of the public service to be paid;
• Court demand - "please declare the will null and void in whole/part";
• List of attached documents relevant to the case.

The statement of claim must be accompanied by:

• Copies of the claim for all parties to the proceedings;
• A receipt of payment of State duty;
• A document confirming the degree of relationship with the testator (birth or marriage certificate, certificate of registration, etc.);
• The plaintiff ' s general civil passport;
• A copy of the will;
• The testator ' s death certificate;
• Evaluation report (if any);
• Evidence of the information contained in the claim - witness statements, medical reports, etc.

If an institution does not provide the necessary documents, the plaintiff has the right to submit a written request for the use of paper to the court, which is provided for in article 57 of the Code of Criminal Procedure of the Russian Federation. A psychological and psychological examination (postmortem) may also be carried out if necessary.

How to make an action for the nullity of a will

The disputes over inheritance are usually dealt with in the ordinary courts (regional or city courts). If the claim does not exceed 50,000 roubles, the claim shall be submitted to the justice of the peace.

The place of action is chosen on the basis of the location of the estate in the estate.

Such cases were subject to the principle of exclusive jurisdiction, which meant that no action could be brought before another court under any circumstances; if an application was lodged with another court, it would be denied.

There are three ways in which a will may be declared null and void:

1. Personal presence in the office of the court.
2. Transfer of documents through a representative in the form of a notary power of attorney.
3. Mailing by registered letter with notice of delivery to the addressee and declared value, followed by an inventory of the deposits signed by the plaintiff and the post office officer.

Once a claim has been filed, a separate number shall be assigned to him; when the documents are delivered in person, it is advisable to bring with him an additional copy of the claim, at which the court officer will mark the acceptance.

Examination of the claim

The complaint is heard within five days of its adoption, which is provided for in article 133 of the Code of Criminal Procedure.

As a result of the examination of the package, the court makes a decision, which may be one of the following:

• The claim is admissible;
• Refusal to accept the claim;
• The claim is returned to the applicant;
• The lawsuit goes without a move.

There may be several grounds for refusing to accept an application:

• The claim must be examined by another court;
• The case had already been heard by another court, which had handed down a decision that had become enforceable;
• A settlement agreement had previously been reached on the issue set forth in the claim;
• The court had previously ruled that the plaintiff had withdrawn his claim.

This list is exhaustive; it is provided for in article 134 of the Code of Criminal Procedure of the Russian Federation. If the complainant has previously rejected the complaint, he or she will be deprived of the right to appeal again to the judicial authorities on the same matter.

In addition to a valid refusal of acceptance, the court may return the application for correction, and after the discrepancies or circumstances preventing the filing of the application have been corrected, the claim may be re-claimed.

A claim may be surrendered where:

• shall be served by a disabled or partially incapable citizen;
• Pre-trial regulation of the matter when required is violated;
• The jurisdiction of the case was not taken into account;
• The claim is not signed or signed by a person who was not entitled to do so;
• This case is already before another judicial institution;
• The plaintiff himself claimed to have returned the claim pending a court decision to accept the application.

A complaint may be lodged by a judicial authority without movement; this will happen if the requirements of the form and content of the claim set out in article 131 of the Criminal Procedure Code of the Russian Federation are violated; in such a case, the plaintiff is given a period of time to correct the violations identified; once the violations have been resolved, the date of filing of the complaint will be the initial date of the application.

When the applicant disagrees with the refusal to accept the application, he or she may file a private complaint.

If the documents are accepted by the court, a preliminary hearing shall be held.

In the course of this exercise, the court will familiarize itself with the parties to the case, determine the reasons and reasons for the disputed situation, and verify the package of documents submitted and the accuracy of their presentation.

The outcome of the preliminary hearing is a court hearing, the time and venue of which are announced to all interested persons.

Receivable and effective court decision

The decision in the case does not come into force immediately, but after the expiry of the month; this time limit is provided for in articles 209 and 321 of the Code of Criminal Procedure of the Russian Federation. During the period in question, the parties may appeal against the decision if they do not agree with it; an appeal is filed for this purpose; if neither party has challenged the decision, it is deemed to have entered into force.

The decision of the judicial authority in the case in question shall be read out at the last hearing of the hearing in the case; if it is obtained on the basis of the specific nature of the case in question concerning the invalidity of the will, the judge shall have five days to file the judgement.

If the day of the end of the appeal period is a holiday or a holiday, it shall be transferred to the first day following the day of the appeal; this shall apply to all the prescribed time limits in the proceedings.

One party to the trial, for example, wanted to file a complaint but missed the deadline because she was admitted to a hospital with a serious illness.

In such situations, the deadline may be restored by means of an application accompanied by a document demonstrating respect for the reason for the pass.

In case of difficulty, ask for legal advice. You can get free legal aid on our website. Ask an expert in a special window.

It is difficult to make an application for annulment of a will to an untruthed legal person; for this purpose, it is recommended that a lawyer be able not only to make a valid claim but also to accompany your case throughout the entire process.

Model application for nullity of will

In ___________________(name of ship) The plaintiff:________________________________________________(FIO in its entirety, address) The respondent: _________________________________(FIO in its entirety, address)The claim is:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(total amount of claims)

Application for nullity of will

It is not for the plaintiff to set aside the will without trial.

Those whose legitimate interests and rights have been violated by the deceased ' s last will shall have the right to file this action, which shall be limited to:

• Legitimate heirs;
• Persons in favour of whom there was an earlier will;
• Prosecutor (in certain categories of cases);
• The State, through its authorized bodies, which in certain cases has the right to claim for dead property.

The defendants shall be those in whose favour the will order has been retained; notaries who have certified the last will if the document has been notarized.

All the heirs who actually accepted the inheritance are also involved as co-defendants.

An application for annulment of a will shall be submitted to the District Court under the standard rules of jurisdiction; the State duty in such cases shall be imposed on the basis of the price of the claim.

Time limits in cases of invalidation of wills

A will can be challenged only after the opening of the inheritance; the total time limit is three years, if you ask to apply the consequences of the nullity of the will as a paltry transaction; the time period begins to flow from the moment that is determined by the date of the opening of the inheritance.

The statute of limitations on the demand for invalidation of an contested will is one year from the date on which you were required to know the reasons why the will was subject to challenge.

For example, you approached a notary to accept an inheritance, and he informed you of a will that was not in your favour.

Evidence

The process of proof will be based on the ground of invalidation of the last will of the testator; a document expressing the last will may be declared invalid by reason of its disputability or by reason of its nullity.

The main circumstances in which the will may be tried to render null and void are:

• At the time of writing the order, the person did not understand the significance of his or her actions; he or she was unable to direct them;
• was under the influence of threat, deception or violence;
• If the principles of the inadmissibility of the writing of a will through a representative are violated;
• The written form or the order of the will is not respected; it is not signed; it is not properly identified; its will is expressed in an inconsistent manner;
• The will was signed by a person not entitled to it; there were no witnesses in the commission of certain acts;
• The will does not indicate the reasons for which the will was signed by the attachor;
• falsifying the signature (notary or heir).

Very often, the plaintiff ' s evidentiary basis is based on the testator ' s incapacity at the moment of expression of will; the important aspects will be the testator ' s mental state, the severity of the mental disorder if there is one, and intellectual abnormality.

Since the determination of this fact requires special knowledge, the court shall, if there are sufficient grounds, order a post-mortem psychiatric or psychological psychiatric examination.

But if you can't confirm that the deceased relative was registered with a psychoneurological (drug) clinic and you don't submit medical documents confirming that the heir suffered from mental illness, the court is likely to refuse an examination.

• In addition to the documents, witness statements on the condition of the testator may be useful, and explanations may be provided by the parties to the proceedings.
• If the will contains lists, other minor irregularities in the drafting and correction procedures, the defects in themselves shall not be null and void, but may be taken into account by the court in conjunction with the rest of the evidence.
• In the annex to the claim, in addition to its copies and confirmation of the payment of duties, the claim must, as indicated in any model of the application for annulment of the will: the will itself (copy); the death certificate of the testator; the documents confirming that the testator was unable at the time of the writing of the will to understand his or her actions and to understand their meaning: certificates from the dispensaries; statements from the outpatient (in-patient) cards; the medical report on the condition of the testator (on the prescribed treatment); the medical documents confirming that the testator was in hospital treatment in a psychiatric hospital; the judicial certificate of recognition of the testator as incompetent; the certificate of identification of the disability group; and, in the falsification of the will, confirmation that the signature of the testator (as a notary option) in the will was falsified; the conclusion of the forensic examination; the samples of the documents where the signature of the testator is present; and the documents justifying that at the time of signing of the will, the testator was in another place.

So, if you provide strong and uncontroversial evidence to support your claims, the court will grant the claim for nullity of the will, but if the claim is dismissed, there is a chance of appeal.

Application for nullity of will

To Rostov District Court.

Claimant: Zjablykov Igor Andrejevic

Rostov Street of Kirov D.11

Third person: Notary Kiselev Vladimir

Alexandrovich Street Batova d.24

Defendant: Zjablykov Sergei Andrejevic

Rostov village of Chkalov D.24 square metres 77

Statement of claim

declaration of the will to be null and void

I, Zjablykov Igor Andrejevic, and the defendant in the case, Ziablykov Sergei Andrejevic, are brothers.

"14" of August 2012, our father, Zjablykov Andrei Yurievich, made a will which he had made to his son, Zialykov Sergei Andrejevic (the defendant in the case), all of his property, which, by the day of his death, would be his own, whatever it was and wherever it was, and at the same time he deprived me, also his son, of my inheritance (a copy of the will is attached).

• This will is certified by notary Kiselev Vladimir Alexandrovich (registered in the register for N 122).
• "28" January 2013, our father died (a copy of the death certificate is attached).
• At present, notary Kiselev Vladimir Alexandrovich is in the process of carrying out an inheritance in connection with the discovery of our father ' s inheritance.

Since 2000, our father has been suffering from a number of diseases, as confirmed by the discharge from the history of the mountain disease issued by Hospital No. 2, a copy of which is attached, and he was disabled in the second group (a copy of the certificate is attached).

As a result of these diseases, the father ' s mental state has deteriorated in recent years.

His actions gave reason to believe that he did not understand their meaning and could not lead them, such as his friend Sidorkin Alexei Alekseevich, who had noticed that he had suffered from a mental disorder.

This witness, as well as other people who knew him, including his treating doctors, may testify about his condition.

In view of this, I believe that at the time of the will, the father was not fully capable or, if he was capable, was in a state where he was unable to understand or direct his actions.

According to article 1131, paragraph 1, of the Civil Code of the Russian Federation, in the event of a violation of the provisions of the Criminal Code of the Russian Federation which give rise to the invalidity of the will, depending on the grounds for invalidity, the will shall be null and void by virtue of the court ' s finding that it is so (a contested will) or independently of such a declaration (a null will).

A will may be declared null and void by a court on the claim of a person whose rights or legitimate interests have been violated by the will; a will may not be challenged before the opening of the inheritance (art. 1131, para. 2 of the Criminal Code of the Russian Federation).

I believe that the will of the father does not meet the requirements of articles 21, 168, 1118 of the Russian Civil Code or article 177 of the Russian Civil Code.

At the same time, in accordance with article 21, paragraph 1, of the Criminal Code of the Russian Federation, civil capacity is the capacity of a citizen to acquire and exercise civil rights by his or her actions and to create and perform civil duties for himself or herself.

If the transaction — and the will is a unilateral transaction under article 154, paragraph 2, of the Criminal Code of the Russian Federation, articles 155 and 156 of the Criminal Code of the Russian Federation — does not comply with the requirements of the law or other legal acts, it is null and void if the law does not establish that such a transaction is disputable or does not provide for other consequences of the violation (article 168 of the Criminal Code of the Russian Federation).

It should also be noted that, in accordance with article 29, paragraph 1, of the Criminal Code, a mental disorder which makes it impossible for a citizen to understand the meaning of his or her actions or to direct them constitutes a ground for declaring a citizen incompetent.

According to article 177, paragraph 1, of the Criminal Code of the Russian Federation, a transaction performed by a citizen, although capable at the time of its commission but in a state in which he was unable to understand or direct his actions, may be declared null and void by a court on the claim of that citizen or other persons whose rights or legally protected interests have been violated as a result of it.

In my opinion, the disputed will violated my rights and legitimate interests as heir to my father, Zjablikov Andrei Yurievich, because I, as a son, was entitled to half of my inheritance, and by the said will I was completely deprived of it.

Therefore, on the basis of articles 21, 168, 177, 1118, 1131 of the Criminal Code of the Russian Federation, articles 131 and 132 of the Criminal Code of the Russian Federation,

I beg the court.

1. To declare null and void the will of our father, Zjablikov Andrei Yurievich, "14" August 2012, and certified by notary Kiselev Vladimir Alexandrovich (registered in the register for N 122).

Annexes:

1. Copies of the statements of claim for the defendant and the third party.
2. It's a letter of payment from the government.
3. A copy of the will.
4. A copy of the death certificate.
5. A copy of the medical history.
6. A copy of the disability certificate.

Date: 10 May 2013 Signature: Zjablykov I.A.

An action for invalidation of a will

Designed by Freepik

In some cases, the existence of a document reflecting the deceased ' s last will is a complete surprise to the family; the situation becomes more difficult if some beneficiaries do not receive the values they expected.

The only option in such a situation is to request the court to declare the will of a close null and void; however, the lion ' s share of the claims is rejected by the court or is not granted.

So, how to file a claim for nullity of will and successfully defend your rights.

Parties participating in the process

There are no restrictions on the list of successors who receive the deceased ' s assets, in cases where a will has been made by the deceased.

The same applies to the list of persons able to file an action for nullity of paper, the only circumstance that must be met is the citizen ' s direct relationship to the benefits to be distributed.

Otherwise, the authority will refuse to accept the application on the basis of article 134 of the Code of Criminal Procedure of the Russian Federation.

The case is heard by the successor as well as by a third party, who is the notary.

What are the grounds for resolving the dispute in court?

The declaration of the last expression of the will of a close person must have valid reasons, including incorrect drafting of a document; for example, the order of the heir is subject to the following requirements:

• Formation: Written form: This is done on a simple sheet or is done on a form previously prepared by a lawyer;
• The acts in force require paper certification by a notary; he shall state the date, signature, details of the office where the procedure and the stamp have been carried out; it is sometimes permissible to issue the act without the expert ' s certification;
• The right to be certified by other persons: to replace a notary is authorized by the heads of hospitals, the commanders of the units, the directors of correctional institutions and the leaders of the expeditions;
• The NAP envisages the need to bring witnesses to the case, who are present at an order-making event;
• The possession of a personal visa by the owner of the property is permitted only if the citizen is unable to sign physically; in such a situation, the attachor does so;
• Personal will or will of the couple: Since 2023, legal acts have established the possibility for the spouses to file a document; this applies only to partners in an official union;
• The capacity of the administrator, bailiff, attachor and witnesses;
• The signature takes place only if the testator wishes to do so; psychological pressure on the testator or the threat of physical violence against the testator may not be exercised.

The possibility of challenge

The heir has the right to make adjustments to the will at any time; everything depends on his wishes; and according to article 1130 of the Criminal Code of the Russian Federation, the administrative act is revoked without informing the persons concerned.

It is important that the heirs do not have the right to change the provisions reflecting a relative ' s will; the challenge procedure takes place only after the death of a loved one; the request is filed within the time limits prescribed by law (art. 181 of the Russian Civil Code); however, it is better to take active action during the time allowed for the adoption of values.

If recourse is made to a previously fixed time limit, the claimant may dispose of the deceased ' s assets; accordingly, other successors will be left with nothing and will only be able to claim compensation for the damage suffered.

Procedure for drawing up an application for nullity of orders

The description should be brief; overloading the details would only add to the perception of the situation in which the applicant for the assets was placed.

In no case can the application be supplemented by emotional moments; in view of the lack of adequate knowledge and training of the plaintiff, the experts recommend that a lawyer be involved in the proceedings.

It would help to formulate ideas in a sound manner and to reflect them in the text before the court.

The application shall contain the following particulars: the full name of the authority to consider the application; the plaintiff ' s personal data; personal information on the defendant ' s place of residence (the legal heir); the amount of the duty to be paid; the name of the document; the circumstances that brought the citizen before the court; the requirements of the law; proof of his or her words; the date; the visa.

How should we describe the circumstances of the case and the requirements: a sample?

This is the most complex and important point in the application; this information will be reflected not only by the plaintiff but also by the authority when the relevant decision is taken, and the narrative is broken down into several paragraphs, each of which has a distinct sense load.

First, the date of death of the near and degree of related relationship with the heir will depend on the timing of the acquisition of the property, and the composition of the estate (vehicles, real estate, financial assets, etc.) should be reflected.

Further, it would be necessary to indicate the circumstances in which the claimant had learned of the latter ' s instructions and, on that basis, the date of writing and the fact that the benefits had gone to a citizen who had no legal right to do so.

At the very end of the claim there is a requirement with a reference to the law; it is important to indicate whose interests have been met and who has carried out the assurance.

The application for annulment of the will.

Package of documents

The claimant needs to collect papers that will be considered as evidence, and the list includes:

• A claim in the number of copies equal to the number of participants in the proceedings;
• A certificate confirming the death of the testator;
• The contested decision;
• Evidence of the relationship with the deceased;
• A receipt showing the payment of the public service;
• Other documents.

The composition of the evidence depends on the grounds for appeal (insanity, threat of physical assault, deception).

Many have raised the question of which court to file a complaint, for example, a district court located in the defendant ' s home is responsible for dealing with such cases.

Value of duty

In the case of an application, payment in favour of the State is mandatory (the amount is fixed by the tax regulations in force; for example, a charge of 300 roubles is provided for an appeal against the order in force (art. 333.19 of the Tax Code).

Time limit for suit

The opportunity to challenge a close person's decision is granted within 1 to 3 years. The period may vary depending on the reason for the disagreement, and the time is counted from the date on which the successor learned that his property rights had been violated (art. 200 of the Civil Code).

The law does not impose restrictions on citizens ' legal representation, but the court may, however, object to the defendant ' s claim that the time limits for filing the application have been violated and satisfy them (art. 199 of the Civil Code).

What is involved in invalidating the expression of will?

The legal consequences of the procedure included the removal of one or more applicants for wrongful inheritance, and the number of orders issued in favour of the beneficiaries should be noted; for example, if the latter was cancelled, the previous one would enter into force; therefore, the composition of the heirs could change significantly.

If there were no other instructions, the acquisition of assets is left to the next of kin, who by law fall first (article 1142 of the Civil Code).

• Question:
• What is demonstrated by the jurisprudence on refusals?
• Answer:........................................................

Often, the authority refuses to meet the requirements to challenge the procedure of succession and the validity of the will, such as the fact that the applicant himself must prove the irregularities that occurred when signing the order.

In some cases, however, the claimant is able to obtain the necessary papers, and it is worth turning to other cases involving the death of a relative.

Often, applicants are assisted by claims from other beneficiaries who have sought to challenge the distribution of benefits and have been able to prove that there are obstacles to the expression of their will.

Conclusion

Any interested person is thus able to challenge the will in 2023; this requires knowledge of the state in which the testator signed the act, as well as the involvement of an experienced lawyer; and the quality of the preparation for the trial tends to produce positive results and to restore justice by defending its interests.

Model statement of claim for nullity of will

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Such a document is a transaction that must be in accordance with certain rules and conditions; as with other transactions, an application for annulment of a will will will help to achieve the desired result.

There are no other effective means of proving this fact, but it is only after the death of the testator that the testator must be declared null and void.

It should be borne in mind that:

• A person or several persons whose rights violate the wishes of the deceased may apply to the court;
• Legal representatives may speak in court for minors and incapable citizens.

There are grounds that need to be taken into account in the course of the invalidation of this instrument: the general grounds include situations where:

• Violations of the law in the drafting of a will;
• The testator is found by the court to be incompetent (in whole or in part);
• The document was prepared under threat or other pressure and under the influence of deception;
• In other cases provided for by law.

In addition, there are special grounds that must be invoked in the statement of claim, otherwise your claims will simply not be satisfied, and the list of grounds is as follows:

1. Failure to comply with the writing format is written and other forms are declared invalid.
2. Lack of signature of the person transferring the property; sometimes the official representative of the testator may sign if the latter has not been able to sign the document.
3. Non-compliance with other legal requirements for such papers is notarized, certified by specialized organizations, and so on.
4. Witnesses who were not allowed to be here were present at the writing or certification of the document, including relatives, illiterate citizens, foreigners and others.
5. When witnesses are required to be present in the making of a will, they were not.
6. A trusted person who has the right to sign is an interested party or is incompetent, or does not speak Russian and does not meet other criteria established by law.

There are other grounds that must be included in the model of the declaration of will, although the drafting of the claim is another half of the case, and a number of procedures will have to be followed to win the trial.

What procedures must be followed before filing an application for judicial review?

In order for a judge to decide in your favour, it is necessary not only to make a legally sound appeal, but also to gather evidence of the illegality of the will, and a number of mandatory measures are being taken to that end:

• Collection of necessary documentation capable of influencing the outcome of the case (such documents include written confirmations, witness statements, certificates from various treatment facilities, court orders, video recordings and other evidence);
• Verification of the information obtained and objective evaluation of the data contained in the claim;
• The preparation of an application to the branch of the court of the district or city where the inheritance was discovered (it is necessary to disclose the subject matter of the claim in a clear and as complete manner as possible by making a valid claim);
• The involvement of interested persons who will be affected by the decision of the court, as well as the conduct of an expert examination (it may be ordered by the plaintiff or the defendant on its own behalf by attaching the results to the statement of claim, or by the court).

The application must contain the most accurate and up-to-date information on the parties to the proceedings (addresses, telephones, etc.), as well as information on third parties who claim or do not make their own claims.

In addition, additional copies of the documents will be required by the number of parties to the proceedings.

In addition to proving that the transaction is not valid, you will have to pay the State Secretary by attaching a receipt (the original) as well as a copy of the will you want to contest.

When do you have to file an application in court?

There may be countless such situations, each of which will have to be described and proved in the lawsuit; for example, there is a need to go to court when your seriously ill relatives make a will in favour of their neighbours or the medical staff who treated them.

Or an elderly person, because of his or her age, gives a single apartment to a realtor, even though such conflicts often arise between relatives, and some people inherit it, while others have lived with the heir for many years and cared for it before they die.

In any such case, an application for annulment must be made and submitted to the judicial authorities.

What information should be provided in the application?

The application must start with an indication of the branch of the court to which the appeal is addressed. In addition to the number and name of the precinct (city or district court), the address should be indicated.

Information on the plaintiff and the defendant, including addresses of residence and registration, contact details and FIO, is then provided. If a third person (usually a notary) is to be invited to attend the meeting, please inform the application.

This is followed by a statement of the nature of the situation:

• When and under what conditions a will requiring invalidation has been formulated;
• Who is the heir when the person died (specify the name and exact date of death);
• Which property is listed in the will (to provide a list of all items handed over to the heirs according to the document);
• Which notary had a testator ' s certificate of will (please specify the address and number in the register where such specialists are to be registered);
• How close the complainant and his heir were, how often they met, who could confirm the facts;
• What diseases the deceased suffered, what ills he was persecuted and what his general condition was;
• Whether there is evidence of care for the heir before his death (witness statements, purchase receipts or payment of services, etc.);
• What actions have been taken by the defendant or third parties (interested parties) to care for a sick or disabled person;
• Have there been any conflict situations with these persons as they have been expressed (attempted to dispute the plaintiff with the deceased, cease their communication, etc.);
• Which documents can confirm that the heir has certain diseases or disabilities;
• When they learned that your rights had been violated (the moment of a will or communication with the defendant).

All information relating to the substance of the case should be described in detail, but without prejudice to the subject matter. Please specify the exact dates, give the full names of the parties to the proceedings, refer to the documents attached and the evidence of your own right.

Even if you find a qualitative model of a will application that is invalid, you may not find the right paragraph, so it is desirable to study the laws governing these legal relationships by making reference to them in the application, so you will be sure that the claim will indeed be heard.

Although it's better to get the support of an experienced lawyer, only he can provide some assurance of a positive outcome.

The specialist will explain in detail the grounds on which it can be determined that there have been violations of the law in the drafting of the will, and he will elaborate on the grounds for recognizing that the heir is incapable or unable to make an adequate decision.

Moreover, it was necessary to prepare the claims properly, to make copies of the documents attached and to assure them to the notary; in order for a lawyer to take part in the proceedings, all he had to do was to fill out the power of attorney and sign it.

The document itself is attached to the statement of claim.

What do you write in the final part of the petition?

At the very end of the appeal, claims must be written and the grounds on which they must be satisfied.

The requesting part should request that the will be declared null and void by indicating the person who wrote the document and whose name it was drawn up.

Additional requirements relating to the claim for inheritance or other particulars of the case may also be prescribed, followed by a list of the documents attached to the claim:

• Copies of the application by number of participants in the proceedings;
• A will with all its annexes or additional documents, if any;
• The death certificate of the heir on whose behalf the last order was drawn up;
• A birth certificate in the case of a minor heir;
• A document confirming the conclusion and dissolution of the marriage when the deceased was the spouse of the plaintiff;
• Other documents likely to affect the outcome of the proceedings.

If you have to take copies from a notary, or you have to take the originals with you. If you go through a representative, you must not forget to give your credentials. At the end of the application, you must set the exact date of the filing and the plaintiff ' s signature. The application will be considered within five days, deciding whether to return it to you or to set the date of the trial.

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