How to challenge a will for a house after death, who can challenge a will for a house

Quite often, a lawyer is asked the question: is it possible to challenge a will after the death of the testator? This happens because after the death of the heir it turns out that the immediate heirs do not have the right to the house, car and other real estate. The will left by a wealthy relative specifies only one or more people who have the right to inherit. Everyone else remains outside the inheritance, which leads to indignation and discontent. In the hope of receiving their share of the inheritance, relatives turn to specialists to challenge the will of the testator.

First, it’s worth finding out whether it is possible to challenge a will on real estate and what are the chances of a disgruntled heir in a court case? To be specific, this is possible, but it will require a lot of work.

It is important to know! Challenging a will means the complete cancellation of a notarized document, which is possible in court.

To carry out the procedure for revoking a will, you need to know under what circumstances the document was drawn up, and due to what factors it is possible to revoke the will.

Russian legislation gives preference to the fulfillment of the last will of the testator of his property. In this regard, a properly executed will has unconditional priority in court proceedings, and most judges rule in favor of the will of the deceased owner of the property.

What is a will?

A will is an agreement of one person, which comes into legal effect after the death of the testator.

Remember! The procedure for challenging an inheritance document can only begin after the death of the testator.

To do this, you will need to have a document confirming the fact of death and the possibility of subsequent inheritance.

The document clearly states the will of the testator regarding who will become the further owner of the inheritance after his death.

Such a document is drawn up by a notary and then has the legal right to execution.

If there is no such document, then the remaining property must be divided in the order prescribed by law: first, the persons of the first priority receive it, if there are none, then the representatives of the second priority, etc.

However, despite the existence of a will, some relatives want to challenge the document in order to receive a larger part of the inheritance.

Who can challenge the will of the deceased?

• Spouse or spouse.
• Children.
• Parents of the testator.

The inheritance is first divided between them according to the law without an inheritance document. If there is no one from the list of the first priority, then representatives of the subsequent list of persons in turn have the right to receive the inheritance.

It is worth considering the concept of a mandatory share, when part of the inheritance is received without contesting the will.

The obligatory share imposes a certain limitation on the validity of the will and the following have the right to receive it:

• Descending heirs: minor children, disabled children, incapacitated children.
• Heirs of ascending order: people who lived on the support of the deceased, elderly parents.

The obligatory share is given in half the amount of that part of the property that is legally due to the heir without a will.

When to file a lawsuit?

1. Recognizing it as invalid by a notary's conclusion.
2. Cancel its action in court.

According to Article 181 of the Civil Code of the Russian Federation of 2023, the period for challenging is as follows:

• Within one year - proof of contestability in court proceedings if force, pressure or blackmail was used in the execution of the will.
• Within three years - upon proof of the invalidity of the will from a notary if it was incorrectly drawn up and certified, or the testator was declared insane at the time of drawing up the document.

The period for contesting a will begins when a relative is notified that his rights to inheritance have been violated.

It is necessary to begin the proceedings, as well as file a claim, within six months after the death of the testator, when the inheritance case is being considered and before the notary officially delivers the property document to the heirs.

How to challenge a will?

Let's take a closer look at how to challenge a will for inheritance. A will can be challenged based on the following reasons:

1. General (internal).
2. Special (external).

The dissatisfied party must present facts that the execution of the document could have been influenced by one or more of the above factors.

General factors (internal)

1. Drawing up a will in accordance with the law.
2. The document content is incorrect.
3. Discrepancy between the will of the testator and his real will.
4. The writing of the will took place while drunk, under the influence of drugs and psychotropic medications, and during a serious illness.
5. Invalidity in senile dementia.
6. The impossibility of drawing up a will due to mental illness, when the testator does not understand the meaning of his actions.

Special factors (external)

These conditions are relevant when checking the correctness of the will. They regulate in what cases a will can be challenged.

1. Providing evidence of signature forgery during certification.
2. Absence, if necessary, of witnesses during the conclusion of a unilateral transaction.
3. Indirect expression of the will of the testator, but through his representative.
4. Restriction of the rights of an authorized person to certify a document.
5. The will was written by the group, not by the testator.
6. Gross errors when drawing up a document: missing date or signature.
7. Violation of freedom of expression through threats, violence, moral pressure.

It is quite difficult to prove that the testator had serious physical or mental impairments that could have influenced the drafting of the document. To do this, it is necessary to conduct a special examination that can confirm or refute the veracity of the statement.

Is it possible to prove the unworthiness of the heirs?

• If the heir has not fulfilled his obligations regarding the maintenance of the testator, which were assigned to him by law.
• If mom or dad is deprived of parental rights regarding the first-degree heirs - their children.
• If persons pursuing selfish goals committed illegal actions towards the testator.

If the court makes an order to revoke the validity of the will, then the previously drawn up will, which is valid at that time, will come into force. However, if such a will does not exist, then the property must be distributed among the heirs in accordance with the law.

Is it possible to challenge a will for a house if the document is drawn up correctly? Hardly ever. If the facts required by law are not provided sufficiently, the inheritance document cannot be challenged. Even if clerical errors, inaccuracies and errors are discovered, the validity of the document is not disputed.

How to file a claim in court?

1. Collect a database of evidence.
2. Prepare undeniable facts.
3. Have information and documents confirming oral facts.

• To successfully challenge a will, you should visit an experienced lawyer who will help review the case and provide professional support.
• To consider a claim, you need to come to court and fill out an application, as well as pay a court fee of 200 rubles.
• The application must contain the following information:

• Personal information of the testator.
• Personal information of the notary who certified the document or whose will is being executed.
• Indicate the factors why the will is not valid.
• We kindly request you to consider the claim and declare the will invalid.

Video: Lawyer on the procedure for challenging a will

Based on practice

For example, the testator was a drug addict or abused alcohol, took strong medications, suffered from a painful illness, or was beside himself. To prove it, it is necessary to conduct a special examination, which will establish the ability of the testator to consciously make decisions.

To prove the testator's incompetence, the following evidence is required:

• Post-mortem forensic psychiatric study. During the research process, the medical documents of the testator are reviewed, including his medical card. Diseases, medications used, as well as side effects of these drugs are determined. The examination conducts a thorough analysis to prove the adequacy and capacity of the testator or vice versa.
• Testimony of witnesses. Testimonies of witnesses who had direct contact with the deceased must be attached to medical studies. Indications regarding:
  1. Behavior of the testator before death.
  2. Have there been cases when the testator was lost?
  3. Could he find his way home on his own?
  4. Was he talking to himself?
  5. Could you recognize your loved ones and relatives?
• Medical reports from relevant institutions. Such documents may indirectly affect the consideration of the case. These include:
  1. Certificate of treatment in a psychiatric hospital.
  2. Presence of psychiatric diseases.

To prove the insanity of the testator, a forensic psychiatric examination can be applied before the start of the trial or during the consideration of the court case.

Will for a house: who can challenge it after the death of a relative

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Recently, more and more people are making a will to avoid disagreements between relatives when dividing property. Especially in cases with housing. Of course, the law gives the right to challenge the will of the deceased, but not every relative of the deceased.

Let's figure out who can challenge a will on a house.

Who has the right to challenge a will for a house?

The Civil Code of the Russian Federation provides that the right to challenge is given to persons whose legitimate interests are violated by the document:

The first priority heirs are spouses, parents, and children. Heirs of the second stage are brothers, sisters, grandfathers, grandmothers. The remaining relatives are the heirs of the third and subsequent stages.

The category of persons entitled to an obligatory share in the inheritance includes the dependents of the deceased.

Time limit within which a will can be contested

It is important to know that the period is counted only from the date of death of the testator. Since this day is considered the day of opening of the inheritance. So to the question whether it is possible to challenge a will for a house after the death of the testator, the answer is clear: only after his death does the law allow such a possibility.

Life dictates its own rules, and therefore a successor whose rights have been violated may not immediately find out about the will, or may not have the opportunity to file a claim for good reasons. In such cases, the court extends the terms of the challenge if the heir provides evidence confirming the impossibility of timely contacting the notary.

When challenging, we remember the deadlines established by law for filing a claim in court:

• 1 year from the day when a person became aware of a violation of the law on the validity of a will;
• 3 years from the day when the citizen became aware of the violation of his interests and rights by the will.

On what grounds can a will be challenged?

A will can be challenged on several grounds. Depending on these grounds, it may be considered void and canceled automatically. Either it is declared invalid in part or in full by a court decision.

Most often, a will is challenged in the cases described below.

In case of complete or limited incapacity of the testator

Challenging on this basis will not be difficult, since incapacity is established by a court decision.

To cancel the document in this case, the relatives must provide the court decision or a copy of it to the notary’s office.

The rights of persons entitled to an obligatory share have been violated

If relatives who have the right to an obligatory share in the inheritance are deprived, then challenging it is practically a win-win case.

Such heirs are recognized as:

• children of the deceased who are minors at the time of opening of the inheritance;
• disabled family members, including spouse, parents, adult children, dependents.

Relatives of this category claim half of the property.

The court may refuse to satisfy the claim if the heir under the will lives in the house, and the allocation of a mandatory share will not allow the house to be transferred to the person to whom it was bequeathed.

The procedure for registering a will has been violated

The reasons in this case:

• lack of notarization;
• registration without compliance with legal requirements;
• execution by third parties (representative, relatives), since a will can only be drawn up personally;
• absence of witnesses when drawing up a will, if their presence is required;
• the document is written on behalf of two or more people (for example, on behalf of spouses), although the law provides for a will to be drawn up only on behalf of one person.

As in the case of incapacity of the testator, an insignificant will is recognized as invalid automatically when the inheritance is opened. Therefore, there is no need to challenge its legal force in court.

Is it possible to challenge a will on a house on other grounds? Yes, in addition to the above grounds, challenge is possible in the following cases:

• the document was drawn up under threat or pressure;
• the authenticity of the testator’s signature is in doubt;
• the witness does not meet the requirements of the law;
• the testator disposed of property that does not belong to him;
• the testator expressed his will in a state in which he could not be responsible for his actions and actions.

Unworthy heirs

In some cases, the heir does not have the right to receive a share in the inheritance. The law recognizes such persons as unworthy heirs. First of all, these are people who have committed unseemly acts against the testator.

Secondly, persons who sought to cause harm to the testator or increase their share of the inheritance are recognized as unworthy heirs.

You can read more about this category of persons in the article “Unworthy Heirs”.

Features of the procedure for challenging a will

Typically, challenging a will goes through several phases:

1. First, all the necessary documents, witness statements are collected, and a forensic medical examination is carried out.
2. Then a statement of claim is drawn up. It is filed with the district or city court at the location of the inherited property or the defendant’s place of residence.
3. During the trial, the court evaluates the evidence presented.
4. The court makes a decision on whether or not to recognize the will as invalid. If the decision does not satisfy the plaintiff, he can challenge it.

How to challenge a will on a house

So, the preparatory stage has been completed: all documents have been collected. The next step is to file a claim in court.

If the plaintiff only demands that the document be declared invalid, then he pays a state fee of 200 rubles.

If a claim is also made for recognition of ownership rights, then a different amount must be paid, depending on the value of the claim.

Let us also recall that contestation is possible only after the death of the testator. If the claim is satisfied, then the relatives enter into the right of inheritance according to the procedure specified by law. If there is an earlier will, in accordance with its provisions. In other cases - in the order of succession of heirs.

There is no point in starting the challenge procedure if there is no compelling evidence.

We collect a package of documents for going to court

The heir needs to collect the following documents:

• statement of claim;
• a copy of the will;
• documents confirming the validity of the claim;
• death certificate of the testator or a court decision declaring him dead;
• documents confirming that the disputed property belongs to the testator;
• documents indicating the relationship of the heir to the deceased.

Requirements for a claim

The statement of claim is drawn up in writing. It indicates the name of the court and information about the parties. The circumstances of the case must also be described:

• date of death of the testator,
• fact of kinship with him,
• other circumstances.

In addition, the plaintiff’s position is argued and evidence is presented.

Judicial practice in cases of contesting a will

Judicial practice does not belong to the sources of Russian law, but the decision-making procedure is facilitated and made uniform by the Resolutions of the Plenum of the Armed Forces of the Russian Federation, including the Resolution of May 29, 2012 “On judicial practice in inheritance cases.”

The document explains the provisions of the Civil Code of the Russian Federation on inheritance, including real estate. Inheritance by will is covered in paragraphs. 22-27 Regulations.

You can consider the court’s position on various claims by studying the article “Examples of judicial practice in inheritance cases.”

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How can heirs challenge a will for an apartment after the death of the testator?

Every citizen has the right to dispose of his own movable and immovable property. The will of the testator may contradict the wishes of the heirs by law, provoking the cancellation of the administrative act in court. To do this, applicants for inheritance need to know whether it is possible to challenge a will for an apartment and what grounds exist for declaring the transaction invalid.

Is it possible to challenge a will for an apartment?

The concept and essence of a testamentary disposition are regulated by the Civil Code of the Russian Federation. The document is drawn up by the testator for the purpose of dividing his property after death. The subject of the expression of will can be real estate (apartment, house).

A will is a one-sided transaction, since the will of one citizen is sufficient for the conclusion. Rights and obligations arise from the moment of death of the manager.

The Civil Code of the Russian Federation provides an opportunity for interested parties to challenge a will for an apartment due to several grounds:

1. Invalidity – violation of legal norms, recognition in court.
2. Insignificance is a gross non-compliance with legal norms, loss of legal force from the moment the document is drawn up without a court decision.

Contestation is possible only after the death of the will-maker. Protesting during life is not allowed due to the principle of secrecy of the contents of the document provided for in paragraph 2 of Art. 1131 Civil Code of the Russian Federation.

In what cases can a will be challenged?

Table No. 1 “Grounds for challenging a will for an apartment”

Group
Base
Example

General (internal factors established by Chapter 9 of the Civil Code of the Russian Federation, providing for the invalidity of a transaction)	The testator is declared incompetent by a court decision	A person does not understand the meaning of actions (Article 171 of the Civil Code of the Russian Federation)
Presence of a mental disorder	Senile dementia, taking potent medications, was registered at a psychoneurological dispensary
State of alcoholic (drug) intoxication
Covering up another agreement	Imaginary, feigned transaction (Article 170 of the Civil Code of the Russian Federation)
Lack of ownership rights to the bequeathed object	The property (apartment) does not belong to the compiler, there are encumbrances
Special (external factors relating to the rules for drawing up a will, Chapter 62 of the Civil Code of the Russian Federation)	Pressure from third parties	Use of threats, blackmail, physical violence, intimidation
Falsification	Replacing a signature on a document
Expression of will through a representative	Drawing up and signing of a document by a third party
Misleading the will-maker	The promise of fungible goods
Expression of will in favor of unworthy legal successors	Citizens who have committed a crime against the testator (the heir kills the testator in order to obtain real estate into his sole possession)

Recognition of the heir as unworthy

One more point relates to the grounds for annulment of the transaction - recognition of the heirs as unworthy. These include:

• citizens who have committed a deliberate criminal (illegal) act against the person of the testator and family members for selfish reasons. By decision of the court must be found guilty;
• parents deprived of parental rights have no right to claim the inheritance of a deceased child;
• persons who ignored the fulfillment of the obligations imposed by law for the care and maintenance of the testator (evasion of alimony payments).

If a will for an apartment is contested in court and a corresponding ruling is made, the previously drawn up administrative act acquires legal force; in its absence, inheritance is carried out according to law.

A correctly executed document with minor clerical errors and inaccuracies that retains its meaning will not be considered by the court for cancellation.

Who can challenge a will?

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Civil legislation does not provide an exhaustive list of persons with the right to challenge a will.

Clause 2 of Article 1131 of the Civil Code of the Russian Federation only defines the plaintiff as a person whose legitimate interests were affected. Analyzing the essence of the transaction, these include:

• heirs with the exclusive and preferential right to receive the inheritance according to the law. The legal successors of the 1st stage are: the spouse of the testator, parents, children. In the absence of representatives of this category, the possibility of challenging passes to the heirs of the 2nd stage;
• co-owner of the bequeathed real estate in the absence of consent to the disposal of common joint property. The testator may not have indicated that he only owned part of the object. Such actions are grounds for annulment of the administrative act;
• a citizen whose property is illegally indicated in someone else's will. If, as a result of the purchase and sale agreement for an apartment, registration of property rights is not carried out, the previous owner can reclaim the living space.

Time limits for challenging a will

The period for annulment of an administrative act is identical to the limitation period for invalid transactions established by Art. 181 Civil Code of the Russian Federation:

• recognition as void – 3 years;
• contestability of validity (drawing of a will under the influence of deceit, threats, physical violence) – 1 year.

The period begins from the day of receipt of information about the violation of inheritance rights.

You should seek help in protecting your legitimate interests as early as possible. The best time is 6 months from the opening of the inheritance, until the successors under the will have formalized property rights and disposed of the received real estate.

How to challenge a will for inheritance after death?

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The legal force of an administrative act can be canceled by issuing an appropriate decision of a notary or court.

Table No. 2 “Procedure for challenging a will for an apartment”

Procedure

Court	Notary
Collection of documents and evidence: testimony (confirmation of unusual behavior by neighbors, cohabitants); post-mortem psychiatric examination (checking the sanity of a person when drawing up a will); medical certificates (treatment at a psychoneurological dispensary); other. Drawing up a statement of claim. Payment of state duty. Providing documentation to the judicial authority. Opening of proceedings in the case. Consideration on the merits. Making a decision. Entry of the court ruling into force.	Refusal by the heir of the received living space in favor of third parties: contacting a notary's office within 6 months after the death of the testator. The missed deadline is subject to restoration if there are valid reasons; submitting an application in person or through an authorized representative.

Jurisdiction

Claims for recognition of the invalidity of a testamentary document for an apartment are brought in accordance with the generally accepted rules of jurisdiction in civil cases. Challenging a document recognizing ownership rights is within the competence of the court of general jurisdiction at the location of the property (Part 1 of Article 30 of the Code of Civil Procedure of the Russian Federation).

The law excludes the possibility of appealing to another authority. In this case, the claim must be returned in accordance with the grounds specified in Article 135 of the Code of Civil Procedure of the Russian Federation.

A court verdict rendered in violation of the principles of jurisdiction is subject to cancellation upon appeal in a legal manner - ignoring the norms of procedural law (Article 387 of the Code of Civil Procedure of the Russian Federation).

Statement of claim

The requirements for the claim are regulated by Art. 131 Code of Civil Procedure of the Russian Federation. The application must meet the following points:

1. The name of the court competent to consider this category of cases.
2. Information of the parties: plaintiff, defendant and notary.
3. Title of the document.
4. Statement of the essence of the dispute indicating:
   • the time of drawing up the testamentary act;
   • location of the transaction;
   • object of inheritance - real estate (apartment).
5. Grounds for invalidating a will:
   • whose rights are violated;
   • confirmation by evidence;
   • justification.
6. Regulatory regulation.
7. Claim.
8. Applications (list of attached documents).

If the writing rules are not followed, the claim remains without progress. To eliminate deficiencies, a period is set, after which the application is returned to the plaintiff.

Sample statement of claim

Statement of claim to challenge a will – download the form

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Required documents

The following must be attached to the claim:

• applicant's passport;
• a document confirming the degree of relationship with the testator or other rights to revoke the will;
• will (original or notarized copy);
• title and technical documentation for bequeathed real estate (if possible);
• reasoned confirmation of the illegality of the formalized expression of will;
• payment slip for payment of state duty;
• others (at the request of the court).

State duty

Art. 333.19 of the Tax Code of the Russian Federation does not determine a special amount of court fees in cases of invalidation of transactions.

The revocation of a will is a non-property claim and is not subject to assessment. State duty according to clause 3, part 1, art. 333.19 of the Tax Code of the Russian Federation is 300 rubles.

If the applicant intends to enter into an inheritance and receive the bequeathed property in whole or in part, the payment amount is calculated from the cost of the apartment according to the principle of clause 1 of Art. 333.19 Tax Code of the Russian Federation. When combining claims of a property and non-property nature, payment of the fee complies with the procedure under Art. 333.19 Tax Code of the Russian Federation.

Art. 333.35 and 333.36 of the Tax Code of the Russian Federation defines a list of beneficiaries exempt from payment obligations when filing a claim.

Arbitrage practice

Statistics of court decisions to invalidate a will reveal a number of problems related to civil proceedings:

• identification of parties;
• reasons for canceling the document;
• taking into account the consequences of canceling the administrative act.

Often in judicial practice the applicant is recognized as an improper plaintiff. An heir who claims property by law (2nd and subsequent stages) does not have the right to challenge the will, even if there are grounds, if there are 1st stage successors who have entered into inheritance rights. Sometimes courts unreasonably limit the circle of participants in the process to citizens who are determined by the will of the testator.

Another common mistake is involving a notary as a defendant.

Among the grounds for cancellation of a document, the most common are:

• violation of form requirements;
• vices of the subjective side.

The question of the testator's incapacity in such cases takes precedence and is the most common.

Example #1:

The testator executed a will, according to which the apartment goes to a stranger after death. The heir of the third stage appealed to the court with a demand to cancel the administrative act. Evidence of violation of rights and legitimate interests was not provided.

The court rejected the claim for 2 reasons:

• presence of heirs of the first stage;
• lack of reason.

Example No. 2

Citizen Vasilko P.A. acted as the executor for the testamentary document, since his friend G.N. Belozerov, due to physical disabilities, could not independently write a will and sign. Before certification, the notary did not read the contents of the administrative act. After the death of Belozerov G.

N.’s heirs by law did not agree with the expression of will and went to court. The basis is the testimony of Vasilko P.A. about the process of drawing up a will.

The court declared the document invalid due to the notary’s violation of the norms of paragraph 2 of Art. 1125 of the Civil Code of the Russian Federation - the obligation to read out the full text and indicate the reasons.

What will cannot be contested?

In order to minimize the risks of canceling the will of the testator, it is worth turning to the use of the following measures:

1. Compliance with document requirements.
2. The use of additional means confirming the voluntary expression of will: audio and video recording of the procedure.
3. Bringing witnesses to include relevant information in the will.
4. Inclusion in the case of a certificate about the psychoneurological condition of the testator at the time of drawing up the order.

The legislator does not prohibit the use of other methods that do not violate the rights and interests of the subjects of the inheritance process. Additional measures act as a guarantee when considering disputes in court.

Questions for a lawyer

Is it possible to challenge a will if many years have passed?

The statute of limitations for inheritance cases is 3 years. The countdown begins from the moment the circumstances that prevented the heir from accepting the inheritance within the established period of time cease.

• It is possible to challenge a will after many years if there are good reasons: a long business trip, ignorance of the death of the testator.
• To restore property rights to inheritance, you should go to court.

I am a first-degree heir, how can I challenge the will for an apartment?

Cancellation of the legal force of a will for an apartment involves going to court. To declare a document invalid there must be a good reason - violation of rights and legitimate interests. The requirements for the statement of claim and the procedure for considering the dispute are provided for by the Code of Civil Procedure of the Russian Federation.

Is it possible to challenge a will while the testator is alive?

The will of the testator is subject to challenge only after his death. According to Art. 1118 of the Civil Code of the Russian Federation, a unilateral transaction - a will - presupposes the emergence of rights to an apartment exclusively after the opening of an inheritance case.

During the life of the testator, the document can be changed or canceled. Only the testator can do this.

What are the chances of challenging a cancer patient's will?

The will of a cancer patient may be declared invalid if the presence of general or special grounds provided for in Chapter. 9, 62 Civil Code of the Russian Federation.

How to challenge a will for a house after death: who has the right to challenge a will for a house?

Individuals and legal entities can inherit a house by law or by will. When there are several claimants to property, inheritance disputes often arise. Let's consider in what cases and who can challenge a will on a house.

The scheme of necessary actions includes determining the basis for the challenge and applying to the court. When carrying out a challenge procedure, the applicant must meet the limitation period, which varies depending on the grounds.

What does the law say?

A will in civil law is the procedure for transferring property rights to another person after the death of the owner on the basis of his personal will. The document that sets out the owner's will is also called a will. The Civil Code of the Russian Federation establishes legal norms on the basis of which it can be formed.

For example, a document is subject to mandatory notarization. Only an adult with legal capacity can express his will in a will. Its terms must take into account the property interests of the testator's (testator's) dependents.

Challenging a document is the procedure for declaring it invalid, and therefore having no legal force. The question of whether it is possible to challenge a will for a house after the death of the testator is considered in Art. 1131 Civil Code of the Russian Federation.

Civil legislation identifies two groups of grounds for recognizing a will as invalid:

• Are common. This group of grounds is determined by the articles of Chapter. 9 and ch. 62 of the Civil Code of the Russian Federation. These are inconsistencies with the requirements of the law imposed on the testator, heirs, the conditions of the document itself and its registration.
• Special. This group of grounds concerns claims regarding the technical execution of a will.

Common grounds include the following:

• The document drawn up contradicts the real will of the testator. He was forced to sign the will under pressure.
• The testator was misled regarding the purpose of drawing up the document and the order of inheritance.
• The terms of the will contradict current legislation. For example, the testator inherited an apartment that was in shared ownership, being the owner of only one share.
• The owner of the property did not have legal capacity at the time the document was drawn up. For example, he was deprived of it by a court due to alcohol or drug addiction.
• Failure to respect the rights of the testator's dependents. Under the terms of the will, the owner of the property can transfer it to any person, denying it to close relatives. At the same time, the testator’s dependents should receive their share in the inheritance even if they are not mentioned by the terms of the will. For example, the owner of a house bequeaths it in the event of the death of his second wife, and from his first marriage he has a child who has not reached the age of majority at the time of the death of the testator. In such a situation, the will is contested, and half of the house is transferred to the child's ownership.

The following are the special grounds:

• The presence of gross errors in the text of the document. For example, incorrectly specified information about the heir, testator or property object.
• Lack of notarization of the document.
• The heir under the will was declared unworthy by the court (Article 1117 of the Civil Code of the Russian Federation).

It should be taken into account that minor text errors (spelling, stylistic, etc.) cannot serve as grounds for declaring a document invalid. For example, if the inherited property is a house, and the number of rooms is incorrectly indicated in the will, the document cannot be challenged. And if the text contains an incorrect address, the will can be challenged.

If there are general grounds, the document is considered controversial, and if there are special grounds, it is considered void.

Who can challenge a will?

In Art. 1131 of the Civil Code of the Russian Federation states that all persons whose property interests are violated by the terms of the document have the right to challenge a will. Those. This category may include heirs of any order.

Often on legal websites you can find information that heirs can challenge a will only in order of priority. This is not entirely true.

If a will is simultaneously contested by heirs of different orders, then the heirs of the order that comes first have priority.

Those. If the heirs of the second stage decide to challenge the will, and the heirs of the first stage will not take such actions, if the document is contestable, the property will be transferred to the heirs of the second stage. True, in such a situation, the heirs of the first stage can subsequently challenge the transfer of property from the heirs of the second stage.

Procedure

Any actions regarding disputes in inheritance cases are resolved only through the court. The issue of contesting a will is no exception. Except in cases where the nullity of the will is obvious: for example, the testator’s signature is simply missing. In this case, the nullity of the will is simply recognized by the notary.

In more complex situations, it is necessary to apply to a court of general jurisdiction at the place of residence of the testator or at the location of the disputed house. A claim can be filed only after the will comes into legal force, i.e. no earlier than six months after the death of the testator. Any person included in the circle of heirs of any order can file a claim.

The statement of claim is drawn up on the basis of Art. 131 of the Code of Civil Procedure of the Russian Federation and contains the following information:

• Full name of the court with address.
• Document's name.
• Information about the plaintiff and defendant (full name, date of birth, place of residence, passport details). If a legal entity acts as a plaintiff or defendant, these certificates of registration in the Unified State Register of Legal Entities will be required.
• A statement of the main essence of the claim, in which the plaintiff sees an infringement of his own property interests.
• The plaintiff's proposal regarding the will and ownership of the inherited house. Here it is necessary to provide references to Russian legislative acts that confirm the validity of the plaintiff’s claims.
• List of documents that the submitter attaches to the claim.
• Date and signature of the applicant with transcript.

Download a sample application for filing a lawsuit

The list of documents that the plaintiff intends to attach to the claim varies somewhat depending on the situation. For example, if the basis for challenging a will is complete or partial incapacity, opinions of the attending physicians, extracts from the medical record, etc. will be required.

Copies of the following documents must be attached to the claim:

• Plaintiff's passport.
• Defendant's passport (if available).
• Will.
• Death certificate obtained from the registry office.
• Technical and title documents for the house.
• Documents with which the plaintiff confirms the legality of the claims.
• Other documents, if the plaintiff believes that they can contribute to a court decision in his favor.

Not only the plaintiff himself, but also his authorized representative can apply to the court. In this case, you will additionally need a notarized power of attorney and identification of the representative. If a lawyer will participate in legal proceedings, a power of attorney and a certificate in his name are also required.

An application to the court can be filed in two ways:

1. Contact the court office in person.
2. Send the application and accompanying documents by registered mail.

Statute of limitations

Heirs are given a limited time to claim their rights to the house and challenge the will. Its duration will depend on the grounds on which the plaintiff intends to invalidate the document. The limitation period for such cases is established on the basis of Art. 181 Civil Code of the Russian Federation:

• One year if the plaintiff declares the will voidable.
• Three years, if there are grounds to declare the will void.

Important! The statute of limitations should be counted not from the moment the will came into force, but from the moment when the plaintiff learned that his property interests had been violated. Those. in reality, not a single year may pass after the death of the testator.

Interested heirs can challenge the will on general or special grounds. In most cases, action must be taken through the courts. Filing a claim is limited by the statute of limitations of a maximum of three years.

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How to challenge a will after the death of the testator?

There is an opinion that everything is simple with a will - if there is one, then the fate of the inheritance has already been decided and nothing can be done. It's a delusion. Now let's talk about everything in order.

A will allows the property of the deceased to be disposed of in accordance with his will. It determines which objects and in what part will be transferred to certain persons, as well as the conditions for such a transfer, if they do not contradict the law.

However, the law allows you to change the will of the deceased and challenge the will after the death of the testator, but only if the established requirements are met.

Practical possibility

A will allows you to distribute the property of the deceased not in accordance with the order established by the Civil Code, but according to the will of the testator. However, the heirs do not always agree with the wishes of the deceased and the reasons for this may be different and quite legal.

The law allows you to challenge a will, like any other document, but there must be serious reasons for this - legal grounds. If they exist, the order of the deceased may be declared invalid (the disputed will is appealed in court), or void (then there is no need to challenge the order, since it will not have legal force).

The legality of a will can only be challenged through court. No other procedure is provided for this. Simply contacting a notary will not be enough; a visit to him is only needed to obtain information.

Reasons

The order of the deceased regarding his property may be declared invalid for the following reasons :

• Not properly certified. According to the standard rule, the will is certified by a notary, but this can also be done by the person replacing him, for example, the captain of a ship or the head of an expedition. It is in these cases that non-compliance with the rules is often allowed.
• Done in violation of current regulations, for example, there are no details or data of the parties, information of the person certifying it, and so on.
• The testators are persons who do not have the right to do so.
• Witnesses are missing when required by law.
• Registered from several persons at the same time. The execution of a joint will of spouses is possible only from June 1, 2023. Other persons do not have the right to dispose of property jointly, even if it is common property. They must write a will each for their share separately.
• The person making the will is legally incompetent.

The described circumstances directly indicate the invalidity or insignificance of the will. And under these circumstances, there is no need to challenge it in court; this status is considered standard.

But there are other situations when a document is considered controversial. Then interested parties have the right to try to challenge it in court.

A will may be controversial under a number of circumstances:

• When drawing up, pressure was exerted on the owner, for example, a threat to life and health.
• The obligatory share is not taken into account. In such cases, persons who claim to receive it have the practical opportunity to separate it from the inheritance mass.
• There is reason to believe that the signature belongs to another person. The issue is resolved through the court with the involvement of an expert.
• The witness did not have the right to act in his role, for example, if he was incapacitated or a minor.
• The rights to the objects that the deceased disposed of were controversial.
• The owner of the property was not able to answer for his actions, for example, he was under the influence of drugs at the time of signing the document.

The procedure for contesting after the death of the testator

A document may be declared invalid if there is significant evidence that the plaintiff must provide to the court along with the statement of claim. This evidence includes:

• Documents indicating the unhealthy physical and mental state of the testator at the time of disposal of the property. This could be an expert report, data from a medical institution, and so on.
• Justifications for a citizen's incapacity.
• Testimony of witnesses. The civil court has the right to accept both written and oral evidence. Most often, witnesses are called to court and confirm all the information known to them regarding the controversial issue.
• Other evidence that will confirm the plaintiff’s position.

Evidence can confirm both the invalidity of the will as a whole and the invalidity of its part.

For example, if the testator disposed of a disputed item and the plaintiff does not agree with this, then he disputes the transfer of this particular object, but may completely agree with the remaining points.

In general, the dispute procedure is as follows:

1. A package of documents and evidence is being prepared confirming the legality of the applicant’s position, as well as a statement of claim. If you need to obtain information regarding the circumstances of the case, you need to submit an application to the relevant authorities to request it. If the response is not received within the required time frame, it will be possible to petition the court to issue a judicial request.
2. Submitting applications and applications to the court.
3. Participation in court proceedings, substantiation of one’s legal position.
4. Obtaining a court decision.

The rendered judicial act can be challenged on appeal if there are grounds for this. The appeal will review the decision if the trial court did not take into account any evidence or made incorrect legal conclusions. New evidence will not be provided on appeal.

Challenging during the life of the testator

The law does not allow challenging a document during the testator’s lifetime. Only the person himself can change his will regarding his property, either by canceling the order altogether or by making a new one.

If after the death of a person several documents remain regarding the fate of the inherited property, then the latter is executed. If the last document is ultimately declared illegal, then the previous one is used, but only if it complies with legal standards.

Interesting! In practice, a situation is possible when a deadline order was drawn up when the deceased was no longer able to answer for his actions, was actually incapacitated, but at the same time there is another order drawn up in normal circumstances with the person’s full legal capacity.

Challenging a will during the life of the testator is not possible due to the fact that the heirs should not yet have access to such an order. It is not publicly displayed and may be changed at any time.

Applicable terms

• If the document is declared invalid, a three-year period applies. It is calculated from the moment of death of the person or from the moment his will was announced.
• If a document is controversial, then it can be challenged within a period not exceeding one calendar year. It is also calculated from the moment of death or the announcement of the will of the deceased.

It is possible to challenge a document after these deadlines, but only if there is a compelling reason why this was not done earlier. First you need to submit an application for restoration of the period, and only then - a claim.

Required papers

Contesting a document is carried out through the court; the claim will need to be accompanied by documents that will substantiate the applicant’s legal position:

• Confirming relationship with the deceased or other documents substantiating that the applicant is an interested person and has the right to file such a claim.
• Indicating the incapacity of the deceased at the time of signing the will, if it is disputed for this reason.
• Petitions necessary for the consideration of the case, for example, to call witnesses or to obtain evidence. They can also be submitted during a court hearing.
• Power of attorney, if a representative appears in court. If the plaintiff himself does not participate in the process, then a petition to consider the case in his absence will also be required. A representative may speak at a meeting without a power of attorney if he appears at the same time as the principal who makes an oral statement in court.
• Confirming the identity of the applicant. Most often this is a passport, but the law allows the use of other documents, these include a foreign passport, a temporary ID, etc.

Download the statement of claim for invalidation of the will (sample)

The list of applications can be significantly expanded, it all depends on the specific situation, as well as the reasons why the document is disputed. For example, an agreement for the sale of a disputed object may be attached, which, in the applicant’s opinion, the deceased could not transfer, since he no longer had the right to it.

Copies of documents are attached to the statement of claim, but you will need to take the originals with you to the hearing so that the court can certify their authenticity.

The plaintiff cannot obtain all the evidence on his own. But some information cannot be given to him, for example, the medical data of the testator.

Then it will be necessary to ask the court to request the documents, since any body is obliged to provide them if the court demands it.

In this case, it is important that the plaintiff proves that he did everything possible to independently obtain information, for example, sent an application by mail, which remained unanswered.

The will contains the last will of the deceased regarding the fate of his rights. It must be drawn up in compliance with a number of requirements, in case of violation of which there are reasons to consider the document invalid or voidable. Appeal is possible only in court and within the time limits established by law.