Can you deny the will to inherit?

The most famous document that Alfred Nobel had written, because he had created a fund to finance the Nobel Prize, and it was not wise that soon after the death of the paper was subject to litigation by relatives who had received only a small portion of the property.

How, and in what cases, can we challenge the will in Russia? Who can challenge the inheritance of an apartment or other property by will and within what time frame?

Who could be the plaintiff?

Article 1131 of the Civil Code states that if a will is written, it can be challenged and declared invalid by the people whose rights it violates.the heirs who would have received the property in a situation where it would have been distributed according tolegal basisor those who have a compulsory share.

Regulars

Family members may inherit by law in order of turn; the sequence is defined in articles 1142-1145 and 1147 of the Criminal Code of the Russian Federation.

This is what children can claim in the first place, including in the first place.adoptedparents and the other half.

They are usually the plaintiffs in inheritance disputes, so if the will is written on a grandchild, the children can challenge it.

As a general rule, each member of the family will have the same shares unless someone has exercised his or her right to waive his or her due and has given his or her share to another relative of the same line.

Often, the dispute arises from the fact that the testator listed all the property in the document, including that it shared with the spouse.While all common things are shared in half, and only half can be bequeathed, about how to share property between spouses in this article.

Dependants

Contestation of a will certified by a notary shall be permitted by those who are entitled to a compulsory share.

Although the law provides for the duty of a notary to explain the rules when certifying a willArticle 1149 of the Criminal Code of the Russian Federation, i.e. the duty of the heir to care for the maintenance of his dependants after death, is not uncommon when the omission occurs in this paragraph.

For example, if a will is written on a child, the other may challenge it if he or she is incapable of work or a minor.

About when Russia's majority begins in this article.

Confinement of the will

A will may be considered null and void when:

• The applicant did not have full capacity at the time of writing;
• The expression of will was made through the representative;
• One document indicates the will of two or more people;
• The document is not in writing;
• Its signature and assurance did not occur in an improper manner;
• No witnesses were present when it was drafted, as expressly provided by law.

The grounds on which the will may be declared null and void are stated in the law on an open list.

The presence of witnesses is mandatory when a private will is given when a notary is performed by another official, when writing papers in exceptional circumstances.

In this case, the notary has the right not to issue a certificate of inheritance at the outset, and the refusal to issue a certificate of inheritance will naturally be subject to appeal before the court; for such disputes, the rules established by Chapter 37 of the Civil Code apply, but in most cases such a dispute will not be in the best interests of the applicant.

In the remaining cases, there will be a judicial challenge to the inheritance.The paper will be declared invalid if:

• The witness or signatory document in lieu of the testator does not meet the mandatory criteria of article 1124 of the HC;
• And We shall call upon the unworthy inheritors.
• The recommendations on drafting and the assurance given to it have not been complied with;
• There are other shortcomings that contribute to the misinterpretation of the testator ' s mind.

Furthermore, Decision No. 9 of 29 May 2012 of the Plenary of the Supreme Court states that paper may be deemed to be in conflict with the law on the basis of the invalidity of transactions established by Chapter 9, paragraph 2 of the Civil Code.

There can be no doubt about papers where there are minor errors that do not affect the correct understanding of the will.

Time frame

Can we challenge the will after the testator's death?

Even if the heir has incontrovertible evidence of a violation of his right of will, but the heir has not yet died, recourse to the courts will not produce any result.more precisely, such a claim will be denied and re-applying pursuant to article 221 of the Civil Code to the respondent on the same matter will not be possible.

The time limits for challenging an inheritance under the law are set out in article 181 of the Civil Code. It regulates the time within which an inheritance may be challenged.

It is possible to appear in court at any time within three years from the time of the death of the testator or from the date on which the claimant became aware of the violation if it resulted from a negligible transaction.

If the applicant ' s capacity has been restricted by an invalid will, he or she is given a year, and the will may be challenged within that time limit.

Cancellation or modification of a document

Why can't you challenge the testator's decision before he dies? Because he can change it or cancel it altogether. This right is provided for in article 1130 of the Civil Code.

• It is possible to amend the whole or part of the document by making a new will and explicitly indicating its wish to cancel the previous one.
• You can write a new paper and the part that contradicts the previous will will automatically cancel it.
• The cancelled parts could not be restored, but if the document was declared null and void in court, the inheritance would be based on a paper that had an earlier date.
• If the money is transferred and the decision is stated in the bequest order of the bank, it may be revoked either by the same order or by a full will in a general order, including the financial disclosure.
• A financial order could be issued in a bank if there was an earlier date of will in which the fate of the funds was determined, such an order would cancel the general will to transfer the rights to such money.

Unworthy heirs

How can a will be challenged if there are direct heirs?
According to the rules, art. 1117Those who are deemed to be unworthy may not receive a bequest.

If the suspension procedure took place before the writing of the will, no offence could be invoked as a ground for depriving the heir of property.

Unworthy descendants are those who have committed unlawful acts against the testator, relatives to whom the inheritance is due, against the property itself, in order to obtain a better share for themselves or for someone else.

Falsifying, stealing wills, using force or psychological influence on the testator, forcing the other heir to give up his share, etc. is an indicative list of crimes that could result in the loss of the property due.

They are removed from the inheritance of property after the children, parents who have been deprived of parental rights and have not been restored to them.

Grounds and conditions for depriving parents of parental rights

How to Re-establish Parental Rights to a Child

Persons who have failed to fulfil their duties under section 5 of the Civil Code in relation to their dependent family members may not obtain property;That is, when the children did not keep their elderly parents, or the parents did not provide for their young children and there was a court decision to do so.If a person is deprived of the right to inherit, neither will his descendants be able to inherit it.

1. The law provides for the concept of " malfeasance ", i.e., the court will decide whether or not there has been a regularity of actions, failure to fulfil maintenance obligations, provided that it is possible to fulfil them.
2. It is possible to challenge the will after the death of the giver if it indicates a person who was required to provide the giver with the will but did not perform his duties.
3. If the confession of non-conformity of the heir with the requirements of the law occurred after the taking of the property,These activities are considered to be ungrounded enrichment and have all the effects envisagedSee Chapter 60 of the HC.

Court

All cases relating to legal relationships arising from the transfer of inheritance rights are heard by the courts of general jurisdiction.If the will is challenged, the district judge of the defendant ' s place of residence must be contacted.

If the claim seeks to determine the fate of a particular property, the application shall be submitted to the district at the address of the disputed real property.

The claim

The application shall be made in accordance with the rules of article 131 of the Civil Code, i.e. the name of the court, the information given by the plaintiff and the defendant, third parties and their coordinates, and the amount of the State duty shall be indicated in the cap.

The circumstances of the case are indicated after the words " statement ".The situation is described, namely, who died, who was the complainant, on the basis of which document the inheritance was transferred.

• The facts that clearly indicate violations of the requirements of the law should be listed.
• So if it's brokendependency ' s rightto a mandatory share, must be accompanied by documents indicating thatAbsence of earningsfor the purposes of this Regulation, in accordance with the rules of procedure of the Commission on Human Rights adopted by the Conference of the Parties serving as the meeting of the Parties serving as the meeting of the Parties to the Convention on the Elimination of All Forms of Discrimination against Women at its twenty-third session,Material dependencefrom the deceased, the existence of a related relationship in the case of a relative.
• If there is a dispute where there is reason to believe that the testator has produced a document,without realizing what you've done.is attached.Medical examinationwhich, including postmortem, can be done, are invitedEyewitnessesUnhealthy conduct of the testator.

In the definition of the Judicial Chamber on Civil Cases of the Supreme Court of the Russian Federation No. 24-KG14-7 of 2 December 2014, it is stated thatThe expert ' s certificate would not be incontrovertible and the matter was being considered in conjunction with other evidence.

If an action for recognition is broughtHeir to the unworthy.and depriving him of his inheritance, it is worth mentioning the facts that make it possible to determine him.MisconductNaturally, it is unlikely that the case will be brought to trial if the suspension occurs as a result of the commission of crimes.

Since the sentence that has entered into force will be the basis for excluding such a descendant from the inheritance.However, in the case of non-payment of maintenance in favour of the deceased, it would be necessary to attach documents establishing that fact.

The document is concluded on a case-by-case basis with a requirement, a list of additional documents, a signature and a date.

It is accompanied by documents with copies of the number of persons participating in the proceedings.

They shall comply with the rules set out in article 132 of the GPC.

That is to say, include a receipt of payment of the government service, papers indicating the facts of the plaintiff ' s operation, the calculation of the amounts in the case of monetary compensation.

Refusal of inheritance claim

Secretary of State

The state will depend on the basis of the appeal.Recognition of paper as illegal, removal from inheritance would cost 300 rubles, and if there was a dispute about specific property, the price would depend on the value of such property.Dimensions and boundaries are given in article 333.19 of the NC.

Conclusion

It is possible to challenge a will for an apartment? Yes, it is possible. This right is granted to persons whose rights have been violated, and it is necessary for the dispute to be settled by a court and to gather all the necessary documents to conclude that the will does not comply with the requirements of the law.

Who can challenge a willed inheritance?

Every citizen of the Russian Federation has the right to decide on the fate of his or her property by appointing his or her heirs; however, the will of the testator does not always coincide with the wishes of some relatives of the deceased; usually, claims are made by the ignored heirs of the first line.

On what grounds can a will inheritance be challenged?

In order to assert their position on the will, the heirs must apply to the court.

Only a judge, if there are substantial grounds for believing that the latter ' s last will is not in conformity with current Russian law, may cancel the will in part or in whole by declaring it null and void.

This requires the production of recorded evidence to show that the legitimate interests of the heirs have been violated.

First of all, the heirs of the first line may disagree with the will of the heir; their grounds may be divided into general and special ones; the general grounds are those provided for in the Civil Code of the Russian Federation to declare any transaction null and void; only those relating to the cancellation of a given will are included in the special grounds.

Cases of disagreement with the text of the willon general grounds:

• At the time of writing the will, the person was incompetent or limited;
• The will was signed under the influence of threats and physical violence;
• A person did not report on his actions; for example, he was under the influence of alcohol or medication because of a serious illness;
• The signature of the testator or other person involved in the testator ' s process was forged.

Main cases that may ariseon special groundsTo challenge a will:

• The writing of the will does not comply with the rules laid down in the Civil Code of the Russian Federation; for example, there is no signature of the heir, the document is not certified by the notary and so on;
• The will was drawn up on behalf of several persons, and parents sometimes decide to make a common will in order to pass on property to the child.
• The will is made through a trusted person, while the law allows only the personal making of the will by the testator.

It should be borne in mind that typing, branding and grammatical errors do not constitute grounds for challenging a will.

Who can argue?

The characteristics and rules of challenge to the will, as well as the list of persons who may carry out the act, are set out in article 1131 of the Civil Code of the Russian Federation, and the official spouses, children and parents of the deceased, i.e. the heirs of the first phase, may first identify their grievances on legal grounds.

List of heirsRelease 1:

• Children of the deceased, including minors and disabled persons;
• The parents of the deceased;
• The spouse of the deceased or deceased;
• Citizens who were dependent on the deceased.

The listed categories of citizens have the right to challenge their inheritance if they are unable to work; they are legally entitled to a compulsory share of the property.

LegacyRelease 2:

• Nephews;
• Former spouses;
• Grandparents of the deceased;
• Full - time and half - begotten brothers and sisters.

In the absence of a document for the inheritance of an apartment or house, the heirs of the first line are children, grandchildren, husband and wife, claiming the inheritance.

Procedure for challenging an inheritance

Mainprocedure of challengeInheritances:

1. Training, which includes document collection, examination, search and interview of witnesses;
2. The main stage at which an application is drawn up and filed with the District Court; it is best to contact a lawyer to draft it;
3. The hearing examines the certificates and evidence provided in the testimonial process; claims of this kind are heard by the courts of general jurisdiction at the place of the disputed inheritance;
4. The court shall declare the will null and void if it is proved that the signature has been forged; the health of the testator also affects the decision of the court; if the person was incapable at the time of the writing of the act, the document shall be null and void;
5. The final stage, when the court decides on the legality of the will; if the final act of the last will of the person is declared illegal, the succession shall be carried out according to the law, in turn, and the operative part of it shall state that the claim is admissible and the consequences of the nullity of the transaction may be applied by the court.

Otherwise, if there is no evidence, the court will decide not to grant the claim, and the claim may also be met in part, i.e. the will shall be voided in part of its provisions.

Confinement of the will

A will may be declared null and void in whole or in part; the strict requirements for the issuance of the document are reasonable and unchanged; failure to comply with the rules established by law leads to the legal annulment of the paper, making it null and void.

Often, the invalidity of the will is due to non-compliance with the form or lack of notarization.

In the present case, the document is considered null and void, so the violation does not even require a judicial decision.

The heirs are often suspected of having errors, records and others in the will, but their presence does not often affect the legal validity of the document.

Recognition of the heir as unworthy

The categories of citizens who may be considered unworthy heirs are set out in article 1117 of the Civil Code of the Russian Federation.

Persons considered to beUnworthy inheritors:

• Citizens who have been trying to force the heir to put them or their loved ones in the text of the will;
• Parents deprived of parental rights shall not inherit the property of their children;
• Citizens who have been negligent of their legal obligations to support their heirs may be removed from inheritance by the court if the person concerned so requests.

In order to recognize the heir as unworthy, compliance with certain conditions is required.conditions...........................................................................:

• The heir committed his acts intentionally;
• The actions of the heir are illegal under current legislation;
• The action of the heir must be directed against the heir himself, against any of his heirs or against the last will of the heir expressed in the will.

It should be borne in mind that citizens who, after they had lost their right to inherit property, had the right to inherit the property in question.

When the circumstances in which the heirs are found to be unworthy are determined after the inheritance has been received, and the unworthy heirs have received the inheritance, they shall be obliged to return to the eligible heirs all the property which they have not obtained on the basis of the inheritance.

Cases and reasons why the will cannot be challenged

According to civil law, the will is the type of transaction that can be challenged; this can only happen in court and only after the death of the testator; other options are not allowed.

A document may be declared invalid only if there are certain grounds; in the absence of such grounds, the court is not entitled to declare the document null and void.

There's a group of people who can't legally take away their inheritance:

• Minors;
• Disabled citizens, as minors and adults;
• Unable to work spouse, dependent or parent.

In order to challenge a will, you can try to prove that the testator is mentally unstable at the time of writing the document. In order to prevent it, a health certificate, including a mental certificate, must be provided to the notary at the time of writing the will; this certificate will guarantee that there will be no possibility of challenging the will in the future.

How to challenge a will to inherit after death — who is entitled — the date of entry

In today's world, more and more people leave a will after death, especially if the person is "in the midst of money." Some write it long before death, some just before death.

The will is the document by which the heirs acquire the estate of the heir and by his will.In order to get things right, we need to be guided by legislation, and the article will describe some important aspects of the will.

 

Who can challenge the will

The Criminal Code of the Russian Federation contains a complete list of persons who have a legal basis to challenge a will; initially, these are persons who are the heirs of the first line - close relatives. In the absence of such persons, persons belonging to the heirs of the second line are entitled to this right.

Time limits for challenging a will

There are two periods during which the will can be challenged:

1. The total period of three years, the principle of its application is that the will has been violated.and derogation from the prescribed form or by a person who does not have the legal capacity to act.
2. One year, applicable if the heirs have facts and reason to believe that an external factorwhether the threat or the violence that may have occurred is physical or mental, the will has already been drawn up with the infidels, data and against the will of the testator.

The period in question begins when a person has established a violation of his or her legal rights.

How to challenge a will

To begin with, it is necessary to understand the circumstances under which the will was prepared, to identify the factors that influenced the decision of the person, and the factors that would be considered would be divided into two groups:

Non-compliance with the form of will

This group includes cases in which the form of the document has not been respected; by the definition of the HC, the will document is a transaction and can be enforced upon the death of the testator.

It can be concluded from this that the challenge process can be initiated after death by a mandatory demand, it is the creation of a will.,i.e. legal literacy:

1. Mandatory paper-based writing, certified by the signatures of the testator and the employee of the notary, is also sealed;
2. The will must contain an indication of the list of the transferred propertyto whom the property is transferred, or to refer to the general phrase "all movable and immovable property that will be in my possession shall be handed over to Ivanova I.I.".

Frequent errors in the form of the testimonial document:

• All the required details of the document are not specified;
• The document has references that run counter to the SC of the Russian Federation;
• There are no props to prove the originality of the will.

In addition, there are irregularities in practice in the preparation of the document itself, such as:

• The will is signed by an outsider;
• The presence of unknown persons in the drafting of a testimonial document.

Inability of the testator

A person's incapacity is a person's inability to report on his or her actions because of mental illness; such persons are recognized directly by a court decision; if this is proved, the testator's testimonial shall be declared null and void.

When it was established in court that the testator had a mental illness, and this had an impact on the writing of the will, due to lack of understanding of his actions, the legality of such a document would be questioned.

Where possible, every kind of evidence should be used to prove the existence of a disease:

• Explanations of the participants in the proceedings;
• Testimony of the testator ' s state of healththe manner of his conduct, the treatment of others, whether he had any mental injuries prior to writing the will, whether the testator was an alcoholic or a drug addict;
• The medical records of the deceased.It must be remembered that the examination of signs of a testimonial or other mental disorder by the testator in writing a will requires special medical knowledge and specialized expertise.

It should be pointed out that such post-mortem examinations have a number of characteristics, such as the inability of the subject to be present during the examination process and the final decision is made by experts on the basis of the documents provided (descripts from different locations, medical records from hospitals and clinics, statements from treating doctors and other witnesses).

Therefore, it is necessary to be very careful in the preparation of the material for the study; the formal preparation of the post-mortem procedure leads to contradictory results.

• There are cases in case law in which two very different expert opinions are issued in respect of one deceased person, which leads to the need to correct existing contradictions and delay the proceedings due to the need to call and interrogate experts.
• It should be borne in mind in the proceedings that the courts sometimes take into account only the findings of one expert, which is incorrect, without any motive.
• Other errors are also allowed in part by the courts, as the court does not have sufficient medical knowledge in this area.

The will is made under the influence of deception, violence, threats.

The threat is usually expressed in the use of pressure on a person, whether physical or mental, to obtain property from a person.

It is not uncommon for the will itself to be deceived on the pretext of fulfilling obligations that were not intended to be fulfilled in the first place.

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The will violates the rights of the heirs to a compulsory share of the inheritance

Very often, such a claim is brought before a court, which requires that a will be declared null and void, since part of the inheritance has not passed to persons who have an obligation in the inheritance.

When the matter is resolved, it must be borne in mind that, when a compulsory share is awarded, it is not only property that has already been bequeathed but all property property of the testator that is taken into account.

In case law, there are examples of this: the court in the city of M. has ruled that a citizen of A. must inherit from a deceased citizen of Y., and the court has recognized A. as a compulsory share, which would have been due by law to one third of the flat. But this apartment was listed in the will by one. In the reasoning part of the court ' s decision, it is stated that E. had no other property.

The attribution of compulsory inheritance also remains important.

And when the matter of inheritance is decided upon, those who are bound shall have whatever they may inherit on the basis of their inheritance, plus the value of the bequest; and a portion of the bequest shall be taken; and Allah is Oft-Forgiving, Most Merciful.

It is necessary to know that the compulsory share cannot be changed by the testator because it is prescribed by law.Nor can the testator change the list of binding heirs.

For example, the mandatory heir did not use the willed property, and the heir used the will, lived with the heir, used the property, in which case the heir could file a claim for a reduction in the compulsory heir ' s share.

In view of these circumstances, and in reaching a decision in the case, the court must take into account the well-being of the heir, who has a compulsory share; when the courts decide on the nullity of the will, the same shall be given to other documents issued under the will.

In the court ' s case law, there are cases in which a claim for the invalidity of a will has been brought together in other inheritance claims.

The heirs disagree with the will of the testator.

In recent times, there have been many cases in which a crowd of relatives in the course of the trial have been outraged by a will they did not like; on the one hand, this is like a series, but it has to be said that such cases are highly plausible and have occurred in the legal sphere.

And Allah is Oft-Forgiving, Most Merciful.

Priority of inheritance

If there is no bequest, the estate of the testator shall pass over to his family.

If there are no relatives, the heirs are the faces of the will.

If the heir has expressed his will and it is contrary to the interests of close relatives who are entitled to inherit by law, the latter have the right to challenge the document by court.

When a person dies, his property is divided between his close relatives and other persons against whom the heir so wishes.

Can you challenge a will on a child?

There are exceptions to the obligation to inherit minors, these may be the circumstances described above, they may also be challenged through judicial proceedings.

Recognition of the heir as unworthy

In the HC, heirs may be found to be unworthy in the claim of a person who may subsequently be entitled to inherit from a will and, if the first person has lost the life of the heir or attempted to kill him, to be found unworthy, to have attempted and deprived of his life only through judicial proceedings and a corresponding sentence.

One example is that of citizen A. suing citizen B. for not being worthy of the inheritance of his wife S. ' s property, since there is a valid court ruling that citizen B. deliberately deprived the heir ' s life. Thus, the court ruled that A. ' s inheritance should be assigned as heir to Phase II.

How to make a claim before a court

The challenge process begins with the submission of the claim to the court; this is the first and most important stage in the trial of the will; the PCA contains the requirements and procedures for the preparation of the claim.

It shall be mandatory to specify:

1. Requisitions where the court is located;
2. Installation data of persons participating in the proceedings;
3. Installational data of the testator;
4. Installation data of the notary and the office where the will was drawn up and located;
5. The reasons and motives for the action;
6. Evidentiary evidence;
7. Legislation against which the will can be challenged;
8. A claim for nullity of a testator ' s testimonial;
9. List of attached documents;

The claim shall be signed by the person who brought it. The claim shall be filed together with the following documents, which shall also be evidence:

• A copy of the identity document, i.e. the passport, the plaintiff ' s document;
• A copy of the testator's death certificate, the will itself;
• Documents containing information that the persons in question are related to each other.

The application shall be submitted by the plaintiff to the competent authority, namely, the city or district court where the defendant lives.

To sum up, anyone can write a will and leave his property to the people he wishes.This needs to be done so that after his death there is no confusion and no litigation about who needs to be left behind.

If you make a bequest, it will be null and void; and if you make a bequest, it will be better for you; and if you make a bequest, it will be better for you; indeed Allah is Oft Forgiving, Most Merciful.

Legacy: Who can challenge and within what time frame

The will is called a paper in which a person indicates who owns his property after his death; and it is the last will of the deceased, but it is often necessary for the heirs to contest the will after the death of the testator; this is provided for in the Criminal Code of the Russian Federation.

Grounds for challenge

Contestation of the will is an expression of disagreement with the will of the deceased; in some circumstances, relatives or other heirs may claim an increase in their share of the property; in fact, it means that the will is invalid.

It is important for the heirs to be aware of the cases in which a will can be challenged, and there is a need for strong grounds defined by law.

The key reason for challenging the will is to report that the deceased did not understand his own actions at the time of writing the will; insanity may have been partial or complete.

But the will is assured by the notary, and he is obliged to monitor the mental and physical mental integrity of a person.

Confirmation of incapacity

Since the testator has already died, it will not be possible to prove his insanity by means of a medical examination, but there are other forms of evidence:

1. A psychological and psychiatric examination is carried out for this purpose and medical documentation relating to the deceased is being examined, and it is clear which diseases he had at the time of signing his will, which procedures he was undergoing, which drugs he was taking and what their side effects are, and the results of the examination are conclusions as to whether pathologies, inherited diseases or medicines are capable of influencing mental health and understanding of his actions.
2. Witness explanations: People who lived with the deceased, sometimes neighbours, can confirm the inadequate behaviour of the heir, together with the results of the examination, providing grounds for challenging the will on property.
3. Background documentation from medical institutions: If the deceased was registered with the institution of psychoneurology, there was a course of recovery from mental disorders, the confirmation of such facts could give rise to a challenge to the legacy of the will.

It is possible to dispute the will to inherit after the death of the heir if there are other factors, and in each situation they will be different.

Other grounds

In addition to the claim of insanity of the testator, there are other grounds for challenging the will, including:

1. Common reasons for all legal transactions: these include non-conformity of legislation, error or difficult life circumstances.
2. Doubts about a notary's objectivity: Every will is notarized, but relatives can obtain proof of the professional's actions for their own gain; in such a situation, relatives can challenge paper.
3. Infringement of the rules of the post-mortem will: The process of writing a document is defined by law and must contain the required data; this applies to the precise addresses of the objects, their names, company proprietors, names and names without errors; the violation of any of these requirements may lead to the invalidation of the will.
4. And those who disbelieve in Allah and His Apostle, and those who disbelieve in Allah and His Apostle, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve in Allah, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, and those who disbelieve, Allah do not have the right to Allah, and Allah is the Forgiving, the Most Merciful.
5. The influence on the testator of third parties: Unfair citizens sometimes mislead the elderly, and if the heir is under any form of pressure, including threats, the will must be challenged in court.

Other reasons for contesting the will of the heirs include the violation of the secret of the will, the forgery of the signatures of the heir or the notary, and attempts to dispose of property not owned by the deceased.

Recognition of the will as null and void, i.e. without legal force, is possible in the case of writing by F. I. O. heirs with mistakes.

Who is allowed to challenge the will

The question of who can contest the will remains valid for both the direct heirs and the external applicants, and only the first-instance heirs are allowed to challenge the will in court.

If they do not, they have the same rights as those in the descending direction; the spouses of the deceased, his children and his parents are considered to be the first heirs; and the relatives of the blood are equal to those of the adopters.

If the latter are present, the children will not inherit the property of the biological mother and father.

This restriction doesn't work if the child remains in contact with the biological parent by court order.

In divorce, the ex-wife and the husband will not inherit against each other if the decision has entered into force before the opening of the inheritance.

If the children of the testator have died or have given up their property, the grandchildren of the deceased will inherit.

Can you challenge the will to inherit and how?

Legal professionals are often consulted on the question of contesting a will that opens after the death of the testator.

This is due to the fact that, in some cases, relatives and relatives will find out, upon the death of the testator, that they will not inherit the estate of the testator without good reason.

So many wonder whether it is possible to challenge the will after the testator's death.

What's a will?

According to Russian civil law, the will of a person who enters into force after his death is a priority document for the distribution of the estate among the deceased ' s relatives; due to its great legal force, it is possible to challenge this document only after it has been opened (i.e. the death of the heir) and only through judicial proceedings.

The will clearly indicates the will of the heir regarding the distribution of property between relatives and other persons outside the inheritance line; in the absence of a will, the inheritance is distributed among the heirs according to order.

Persons entitled to challenge the will

If the heirs disagree with the distribution of property between them, they have the right to challenge the testator ' s document.

According to article 1131 of the Civil Code, persons who may bring a civil action challenging the will include the principal heirs: spouse, parents, children of the testator.

This prioritization is due to the fact that, in the event of legal succession, these persons receive the estate of the testator even if there is no will.

If they are not written in the document, without contesting the will, they will receive half of the property due to them from the hacon; if they believe that the distribution is not correct, they may also sue the court to challenge the testimonial document.

Time limits for filing a claim

By children and other heirs, the will may be challenged in one of two ways:

• To declare the document invalid on the basis of a notary ' s opinion;
• to declare the document null and void by filing an application with the court.

181 Article in the Civil Code establishes the following time limits for challenging a will:

• One year to apply to a judicial authority if the writing of a will was accompanied by the use of force, blackmail or pressure;
• Three years to apply to a judicial authority if the testator ' s document is proved to be invalid from the notary ' s office, irregularity or insanity of the testator ' s condition.

The appeal period begins when a relative has learned of a violation of his or her inheritance rights.

The commencement of legal proceedings and the filing of legal proceedings are required within six months of the death of the testator and the opening of the inheritance, and until the notary has served the documents on each of the heirs ' property.

Reasons for challenging the will

The reasons for challenging a will on an apartment and any other property are divided into two groups: internal or general or external or special; internal reasons reflect the condition of the testator at the time of writing, and external reasons reflect pressure on his will or other external factors that call into question the authenticity of the will.

Internal reasons include the following:

1. Wrong content of the will.
2. Preparation of a document in which the shares of property rights are distributed in the same way as they would have been distributed without will.
3. Incompatibility of the will of the testator in writing with his or her real will.
4. The preparation of a will in a state of intoxication of a narcotic, alcoholic or toxic type or in a state of serious illness.
5. Preparation of a document in the event of dementia caused by old age.
6. The existence in the testator of mental illness preventing him or her from understanding his or her actions adequately.

External reasons include:

1. Evidence that the testator's signature is forged.
2. The absence of witnesses in legally prescribed cases at the time of writing.
3. Written expression of the will of the testator not directly but through a representative.
4. Limitation of the right of authorized persons to obtain a certificate of the document.
5. It's a group thing, not a one-man will.
6. Gross legal errors in the document: lack of signature, dates, clear corrections.
7. Threats, moral pressure or violence against the testator to change his will.

It is difficult to prove the presence of internal factors after a person ' s death; the verification of such statements is carried out by means of a special examination which can confirm the existence or absence of such factors.

Proof of non-suitability of the heirs specified in the will

In some cases, there is a challenge not to the will itself as a document, but to prove that the heirs mentioned therein are not worthy.

1. Recognition of the unworthy heir who failed to perform the duties assigned to him by the will of the testator.
2. Recognition by the unworthy heir of a parent who has been deprived of his rights with respect to the children if the distribution of the child ' s property is involved.
3. Recognition by unworthy heirs of persons who have committed unlawful acts against the testator.

If the will is declared null and void by a court decision, the will which was made earlier will become effective; if it does not exist, the property will be distributed according to the priority of the heirs.

Rules for the preparation of a statement of challenge to a will

In order to challenge the testator ' s will after his death, the following preparations must be made:

• To prepare facts that clearly demonstrate the insolvency of the will as a document;
• Collect the necessary evidence;
• If the facts are oral, written confirmation must be provided.

It would also be necessary to consult with a specialist in inheritance law.

The examination of the application to challenge the testimonial document is accompanied by the payment of a State duty of 200 roubles.

The following information should be included in the statement:

• Data on the testator;
• Information on the notary who certified or executed the document;
• The factors which, in the complainant ' s opinion, confirm the invalidity of the will;
• Request for cancellation of the will;
• See annex for the attached documents.

If the evidence is conclusive, the court will declare the will null and void and the estate will be distributed in a new manner.

Who Can Repute a Will — The Grounds

Real estate, inheritance are questions that often turn close relatives into sworn enemies, and as a practicing lawyer, I often witness the hostility of close relatives.

It is important to know that all works will not be in vain.

There's a will, but it's no less a problem.

Grounds for challenge

And when it is decided, it is the final will of the testator, certified notarily.

It is not for any person to inherit except after the death of the testator, and it is not possible to challenge the testator until the time of death; and only the heir has the right to change the will until the time of death.

The will is a one-sided transaction that distributes rights, duties after the testator's death.

And when a bequest befalls you, there is a great deal of dispute about the bequest.

Grounds taken into account by the court in challenging the will

The challenge is not only based on the wish of one of the applicants, who saw in a written document notarized by a phony, which is clearly stated in articles 9, 62 of the Criminal Code of the Russian Federation and which may be general or special.

General grounds include:

• Mental illness and the condition of the testator at the time of writing the will;
• Dementia associated with a person ' s age;
• Evidence that the testator took and was under the influence of drugs (psychotropics, drugs, etc.);
• The wrong form of the will.

Evidence required in court:

Type of evidence	Method of conduct
Psychiatric post-mortem examination	Examination of medical records, medical reports, appointments, diseases diagnosed in recent years, accurate analysis of the capacity and adequacy of the deceased person.
Taking evidence	Neighbors who have lived side by side for at least three years, and if such people can prove inappropriate behavior, visiting by questionable people, it's difficult, but it's possible, to challenge the will.
Medical certificates	Such certificates are collected by experts or relatives over the years of the heir ' s life; if it is found that the heir has had mental problems, there has been treatment for alcohol and drug addiction, and a positive outcome of the challenge can also be expected.

It is almost impossible to challenge the general grounds, since the document, the certificates or the unofficial activities of the notary confirming the will must confirm this.

Special grounds include:

• The will was prepared under the influence of physical force or moral pressure;
• The document was written with manifest irregularities, was not in line with the wording, and there were no signatures, seals;
• The will is made in the presence of a group of persons;
• The will of the testator is represented through a trusted person;
• Lack of witnesses, if required;
• It's a clear act of will.

If the grounds are special, it is possible to challenge them, but it is also extremely difficult to challenge them. However, if the will is so strong, all decisions are taken only by the courts after the death of the testator.

Who has the right to challenge

This right is granted only to direct heirs after the declaration of the will or the entry into force of the will, and the will is challenged by first-degree heirs.

It is the wife (husband), the children or the parents of the deceased, who are the persons who are granted the first inheritance right and who may be outraged by the decision of their own person.

There's a lot of doubt about being threatened, pressured, misled.

There was an interesting case in my practice, and you can't say it's a single case, a woman whose son went away with her family years ago to the PMS in the United States, and he didn't help mom, and he's been dealing with rare calls and letters.

In order to survive, a woman took a girl to her apartment, giving her one room, a girl who lived for about three years, paid her rent, helped her with food and utilities.

In short, they became close in a few years.

The elderly woman later suffered a stroke, and the tenant continued to look after her at the hospital, and appealed to her son for help, but only for promises. The woman died and, after her death, it became known that she had left all her property to the tenant, the one who had been with her in the last years of her life and the one who was the closest person to her.

Now my son had time and money. He came to Russia to challenge the will. I was a lawyer on the girl's side and I saw how impressed she had been with the woman's decision. And if it hadn't been for my participation, she would have just given up her inheritance. The son's pressure was terrible. But we were able to resist.

The will is recognized as valid by the court, all the property is left to the girl, and the wrong son, the angry man, has gone back to America. The situation is as old as the world, but sometimes the court takes over the heirs of the first line, even if it is not fair.

The concept of unworthy heirs at the legislative level

In the legislation of the Russian Federation, the concept of unworthy heirs is as follows:

• Persons who have committed acts against the heir deemed to be unlawful;
• Parents and adoptive parents deprived of their rights;
• Persons who fail to meet the conditions of maintenance of a person who has left a will.

A will is possible only in court, and if the court finds strong evidence, the claim may not be granted in favour of the person who accepted the inheritance.

Most often, such unworthy heirs are black realtors, whose numbers have increased significantly in recent times and whose actions have been strikingly cynical, who have made commitments to care but have not fulfilled them.

As a rule, applications filed against such heirs are considered favourably by the judges in favour of the nearest heirs, but a quick decision will not and will not require much effort and health to prove the right to inherit.

Article 181 of the Criminal Code of the Russian Federation allows for challenging a will for three years if the evidence is null and void (the rules have been violated, the heir has been incompetent) or for the first year when serious evidence (violence, threats) has been discovered.

They came home in three years, they brought some food, but she didn't notice anything wrong with their actions and their mother's behavior, and she was sure that after her death she would be able to inherit as her only daughter, so the question of the will wasn't even raised, and the trials lasted about a year and a half.

The woman had suffered two strokes, which had subsequently had a negative effect on her nervous system and mental state, based on this fact, supported by medical reports, the court declared the woman incompetent at the time of writing the will.

As a result, the document was declared null and void and the daughter of the deceased was granted real estate rights.

How to Make a Will Is Right

Sooner or later, the question arises for every person, but old people are so cranky that they can't always follow their thoughts, they'll give everything to the state, they'll give it to the church, they'll give it to the neighbor, and so on. It's good to have a relationship of trust in the family, but it's not always the case.

It is better for the elderly to discuss it with patience and wisdom, or else it will be wiser for someone else to make a will, so that it may not be challenged by young people, and the advice of professionals will help them to do so, so that no one may remember the evil word of the testator.

Conclusion

It's not always possible to build a relationship with a loved one at the right level, and a person is constantly accompanied by situations that can quickly and for a long time turn his family into the worst enemies.

Learn to control your emotions so you don't regret what you've done.

A minute's emotional impulse can change a situation that, even after death, forces the loved ones to seek a just solution in the courts and to prove the right to movable, immovable property.