How to invalidate a will?

Often in judicial practice situations arise when the relatives of a deceased person go to court in order for the judge to declare the will invalid. It turns out that the testator did not register legal heirs in the will, but decided to transfer all his property to a friend, neighbor in the country, etc.

In what cases will a judge be able to satisfy a relative’s claim in 2023, and when none of the relatives can lay claim to such property?

The concept of invalidity of a will

The definition of this concept is clearly stated in Article 1131 of the Civil Code of the Russian Federation. So, this document specifies two options for the invalidity of the will:

1. Recognition of the will as void.
2. Recognition of a will as illegal according to a court decision (if an interested party files a claim). It is prohibited by law to challenge a will before the opening of the inheritance.

A will will not be considered invalid solely on the grounds that the text of the document contains clerical errors or some minor irregularities in the preparation of the document or its signing.

Only a judge can decide whether such violations affect the understanding of the will of the one who bequeaths his property.

Also, both the entire will and its individual clauses may be declared invalid. However, in the latter case, this will not mean that the will needs to be revoked.

How to invalidate a will? In what cases is a will invalid?

A will can be declared invalid only after the procedure for opening an inheritance. The document will not have legal force in the following cases:

• if at the time of its preparation and signing the testator did not have full legal capacity;
• the document was drawn up through a representative, which is contrary to the law of the Russian Federation;
• the will reflected the will of two or more persons (for example, grandparents decided to write a joint will for their grandson. For the will to have legal force, it is necessary that the document be written separately by the grandfather and separately by the grandmother);
• the will was not certified by a notary;
• a closed will was drawn up without witnesses.

Based on judicial practice, all of the above reasons are extremely rare, because the will is certified by a notary who knows all the laws and requirements very well.

The head physicians of these institutions or deputy chief physicians and heads of prisons have the right to certify the will of a person who is in a nursing home, hospital, or prison.

Due to the fact that wills are usually drawn up by older people or those who are seriously ill, one of the most common grounds for invalidating a will is that the person who makes the will, even if he was legally capable, At the time of drawing up the document, it was in a state in which it was not aware of its actions.

As part of such an examination, the judge requests the necessary medical documents, according to which experts determine whether the testator was fully aware of his actions at the time of execution of the will or not.

If experts determine that the will of the testator was absent at the time of drawing up the will, then the court will recognize the will as invalid . On this basis, the heirs will legally be able to recognize their ownership of the inherited property.

The examination is one of the main pieces of evidence when considering a case to invalidate a will . In practice, it turns out that whatever decision is announced by the experts after the examination is the same decision the judge will make in relation to the plaintiff.

The procedure for invalidating a will in court

In order to prove that a will is invalid, an interested person (often a relative of the testator) must perform the following actions:

1. Collect evidence that would confirm the fact that the will needs to be revised. The evidence may include the applicant’s medical certificates, his birth certificate, etc. You can also enlist the support of witnesses.
2. File a claim in court . In this document you need to indicate the name of the court where the claim will be filed, information about the plaintiff (full name, registration address), information about third parties (for example, about possible other heirs or information about the notary who was present or not present at the time of signing the will). It is necessary to indicate the name of the document: Statement of Claim for invalidation of the will. After the title, you should clearly, competently and briefly state the essence of the appeal, describe the circumstances on which the plaintiff’s arguments are based, list the legislative framework, and attach evidence. At the very end, the applicant must ask a judge to review the case and invalidate the will.
3. Appear at the court hearing along with witnesses (if any) and other interested parties. The defendant must also be present there. If the judge decides in favor of the plaintiff and invalidates the will, then the rights to the deceased person's inheritance will pass to those persons who were designated in the previous will (if one was drawn up). If there was no other will, then the inheritance is accepted by the heirs according to the law in order of priority.

What to do if a judge invalidates the will, but the inheritance has already been accepted?

If the judge revoked the will, then it will be considered invalid (according to Article 168 of the Civil Code of the Russian Federation) . In this case, the heirs by law have the right to demand from the illegal owner of the testator's property the transfer of inherited property.

If it is not possible to return property, for example, a car that was smashed or a house that has already been sold, then the person who illegally received real estate or movable property will have to return the value of this property in cash.

If a person returns property in a worn-out state, then he will have to compensate the damage to the legal heirs of such property.

Limitation period for invalidating a will

According to Art. 181 of the Civil Code of the Russian Federation there are 2 deadlines for challenging a will .

The first – 1 year, applies if the will is declared void. And the second period is 3 years, if the will is declared invalid.

The limitation period begins to run from the moment when the execution of the will began (the will was opened) or from the moment when the person did not know about the will or that the testator had died.

Arbitrage practice

Example 1. Samokhin A. filed a claim in court to declare the will written by his mother invalid. According to the text of the will, the deceased mother is Samokhina A.

decided to transfer her property (2-room apartment) to her neighbor, who looked after her when she was sick. The mother, under the influence of this neighbor, made a will. Moreover, according to the plaintiff, at that moment she may not have been aware of her actions.

However, the testator’s son did not take into account that, in addition to filing a statement of claim, it is necessary to attach evidence that the mother at the time of drawing up the will was in a state in which she was not aware of her actions.

Therefore, the judge did not satisfy the plaintiff’s demands only on the grounds that he did not provide evidence to the court that the mother wrote the will while she was not in a state in which it was permissible to draw up the document.

Situation 2. Vorontsova A. filed a claim in court to declare the will written by her husband invalid. The testator did not notify her that he had made a will, and he left all the property that he had to a certain citizen K., who was allegedly his mistress. At the same time, Vorontsova A. noted that at the time of writing the will, her husband was in an inadequate condition, namely, he was being treated in a specialized clinic, suffering from a mental disorder. Along with the statement of claim, the plaintiff presented to the court evidence that her husband was being treated at the time the will was written (she presented certificates she took from a medical institution after the death of her husband).

The court granted the applicant's claim and declared the will invalid, since at the time of writing it the testator could not adequately perceive the situation and understand the significance of his action. The wife of a deceased citizen is the legal heir in the first place, so she can claim the property left by her husband.

Situation 3. Citizen V. filed a claim in court, according to which she asked the court to recognize the will written by her husband (at the time of writing the statement he was no longer alive) as invalid.

According to her, the husband indicated in the will that all his property would go to his daughter, but in the text of the document he did not indicate the daughter’s patronymic name, as well as her registration address.

The court did not satisfy the applicant’s claim, since all the requirements regarding the will were met by the testator, and facts such as the absence of the testator’s patronymic and his registration address in the will are not grounds for invalidating the will.

A will may be declared invalid in cases contrary to the laws of the Russian Federation, namely: if the testator at the time of drawing up the will did not have legal capacity, did not understand the meaning and consequences of his actions, if the will was signed not by the testator, but by another person, etc.

Before filing a lawsuit, the interested party needs to collect a strong evidence base, thanks to which the judge will side with the plaintiff and declare the will invalid.

Inheritance law: invalidity of a will

Despite the complete freedom of expression of the will of the deceased person, sometimes it becomes possible to invalidate a will, although it is the only method of inheritance when a person can distribute his property after death. The reasons for illegal testamentary inheritance can be different. The law defines violations in this area quite clearly, and the legality of actions is determined only by the court.

The testator has the right to independently determine to whom and how to leave his property, while respecting the legal status of the spouse and minor or sick direct heirs.

At the same time, an important condition must be fulfilled: the testator must give his posthumous instructions in the established form exclusively voluntarily, being in a capable state and aware of all the consequences of what he is doing.

If these circumstances are violated, grounds for invalidity of the will arise.

In general, these points can be divided into general and special. The general type includes the grounds that lead to the illegality of transactions and contracts of any kind, namely:

1. Incapacity of a person at the time of signing the document.
2. Inability or inability to understand the consequences of one's actions.
3. Performing an action under the influence of delusion.
4. Achieving a goal through deception or illegal actions (threats, blackmail, physical pressure, etc.), i.e., in the event that the legal successor is recognized as an unworthy heir.

A special type of error may include a violation in the execution or certification of a document, the inclusion of property for which there is no or limited ownership. Minor violations in the execution that do not distort the essence of the content (slip-of-the-pants, grammatical errors, etc.) cannot be considered grounds for declaring a will invalid.

The process of invalidating a will can only be initiated by citizens whose interests were violated by this document.

The plaintiff in a lawsuit may be the direct heir by law, whose interests are not taken into account, and the defendant may be the heir under the will. The plaintiff must attach the following required documents to the statement of claim:

1. Death certificate of the testator.
2. Documents confirming the relationship (in the case of a child conceived from the testator, testimony).
3. Documents on the availability of inherited property.
4. Evidence of a disputed fact.

Spouses' claims

The spouse has grounds for invalidating the will if her share in the jointly acquired property is not taken into account. A married testator has the right to dispose of only his half of the property.

In this case, the spouse files a claim for part of the property that legally belongs to her. Minor children and close relatives who lived with the deceased and depended on his support have their own shares of property.

A claim for recognition of the possibility of distribution of succession may be filed by a representative of a child conceived by the testator, but born after his death.

Most often, proceedings to invalidate a will occur due to the inadequate condition of the testator at the time of signing the document.

This circumstance arises when the testator was competent, but could not adequately assess the situation due to alcohol or drug intoxication, psychological or hypnotic influence, the use of medications, exacerbation of the disease or unexpected injury, or under the influence of other factors.

In such circumstances, psychological and psychiatric examinations are ordered, and witnesses are called to court. Until the results of the examination are received, the process of transferring the inheritance is suspended.

Particularly suspicious is the fact that a will was made for a person who is not a relative or friend. At the same time, the testator suffered from alcoholic binges. A will for members of a sect or a closed society also raises suspicion. Judicial practice shows that such circumstances often become a reason for the invalidity of a will.

Misrepresentation

It is somewhat easier to consider the case when the testator was deliberately misled in order to provoke the signing of the required document. If the heir artificially created the image of an enemy from a relative, then this is a good reason to declare the will voidable.

The will is submitted in writing, signed by the testator and certified by a notary. In the event that he is unable to sign a document due to physical disabilities, illness or illiteracy, the document is signed by an authorized person under the supervision of a notary.

Unworthy heirs

The unconditional reason causing the invalidity of a will is the presence of unworthy heirs. Illegal successors, firstly, are considered to be people who have committed deliberately unlawful offenses aimed at causing physical or moral harm to the testator or his relatives.

It should be noted that if the testator knew about the atrocities committed, forgave the person who committed them, and voluntarily left him in the list of heirs under the will, then the court should not excommunicate such an unworthy heir from succession to the property.

Unworthy heirs should also include relatives who shied away from providing assistance and maintaining a sick or elderly heir. Citizens deprived of parental rights are not considered as heirs.

Illegal actions

A significant offense is the violation of the voluntariness of drawing up a will. If the testator, through threats or blackmail, is forced to leave property in favor of a specific person or to prohibit the transfer of inheritance to anyone, then the court will invalidate the will. Particular attention should be paid to the category of people who, by the nature of their activities, can influence the decision of the testator: healthcare workers, law enforcement agencies, social security, etc. A will made on them or their proxies clearly indicates the illegality of the actions.

A will is an important method of inheritance, when the owner himself controls the fate of his fortune during his lifetime. However, it is important to prevent unscrupulous elements of society from robbing the true heirs. Consideration in court of claims to invalidate certain wills allows us to restore justice.

When can a will be declared invalid?

Each person has the right to dispose of his property at his own discretion, including bequeathing it. A will can be made not only in favor of relatives, but also in favor of persons who could not lay claim to this property during inheritance by law.

We regularly receive questions from heirs who, after familiarizing themselves with the contents of the will left by a loved one, consider their inheritance rights to be violated and the existing will to be invalid

The initiators of such recognition are a person or group of persons who believe that their rights and legitimate interests have been violated. Most often they are heirs at law.

This article is a detailed consultation on issues related to the protection of the rights of heirs who have reason to believe that the rules of the law were violated when their loved one drew up a will, as well as when certifying it. This circumstance serves as a motive for going to court to invalidate the will.

• In addition, we will consider in detail the procedure for preparing documents for consideration of a case in court, as well as the list of specified documents necessary for filing a claim in court.
• The material will also be useful to testators who are just planning to write a will.
• We recommend that potential heirs familiarize their elderly relatives with this publication, since the invalidation of a will and the accompanying “internecine wars” between heirs are the consequences of the fact that the deceased during his lifetime (usually simply due to ignorance of the law) did not dispose of his property in this way to avoid this.

Can a will be declared invalid during the life of the testator?

One of the frequent questions is whether a will can be declared invalid during the testator’s lifetime if the relatives have compelling arguments for this.

The answer is no, in accordance with Russian laws, it can be recognized as such only after the death of the testator, and not only the entire will, but also some specific part of it that does not comply with current legislation.

The recognition of individual parts of the will as invalid does not entail the automatic recognition of the remaining parts of the will as invalid, if their inclusion in the will would have been possible without the orders declared invalid.

Returning to the original question, we can only recommend talking with the testator and justifying your point of view, because During his lifetime, only he himself can change or revoke his will.

Grounds and terms for invalidating a will

1. All the grounds on which wills are declared invalid can be divided into general and special.
2. The grounds on which any transaction, including a will, can be declared invalid are common.
3. Special grounds are those that apply exclusively to invalidate wills.
4. Depending on what violations were committed during the preparation and certification of the will, two types of invalid wills are distinguished: void and voidable wills.
5. Their main difference is that void wills are already invalid at the time of their preparation, and a court decision is required to invalidate a contested will.

Wills are invalid due to their nullity.

When drawing up such wills, the provisions of the Civil Code of the Russian Federation, which impose requirements that relate to the identity of the testator, as well as the procedure for drawing up a will and its certification, are grossly violated.

The following violations are grounds for declaring a will void:

• The person making the will did not have full legal capacity at the time of signing the document, that is, he was incapacitated or limited in legal capacity.
• The will was not made personally, but through a representative.
• The requirement to express the last will of the testator in writing was violated.
• The procedure for certifying the testator's signature is violated, that is, it was certified by a person who, by virtue of the law, is not granted such a right.
• The absence of a witness in cases where, when drawing up a will, signing it, certifying and transferring the document to a notary, his presence is necessary and provided for by law.
• The will is not written by the testator in his own hand in cases where this is necessary due to legal requirements (closed will, as well as a will drawn up in emergency circumstances).

Case from practice (surnames have been changed). After the death of citizen Semenchuk N.V. his sister Gordeeva M.V. she turned to a notary regarding the issue of inheritance and presented her brother’s will, drawn up in her favor.

The will was written by hand by the brother, his signature was affixed to it, however, the testator’s signature in the document was not certified by a notary. Due to the nullity of the will, the notary refused M.V. Gordeeva.

in issuing a certificate of inheritance.

In addition to the above, there are other grounds for declaring a will invalid due to its insignificance. Currently, these include wills drawn up on behalf of two or more persons.

A court decision is not required to declare a will void.

The period during which a void will can be challenged is 3 years from the date of death of the testator.

Voidable wills, which are invalidated only by a court.

The grounds for declaring a contested will invalid may be the following:

• Inconsistency of the person who was involved as a witness or who signed the will instead of the testator. That is, the requirement of paragraph 2 of Article 1124 of the Civil Code of the Russian Federation is violated, according to which “witnesses cannot be present when drawing up, signing, certifying a will or when transferring a will to a notary such witnesses and cannot sign the will instead of the testator: a) a notary or other person certifying the will; b) the person in whose favor the will is drawn up or a testamentary refusal is made, the spouse of such a person, his children and parents; c) citizens who do not have legal capacity in in full; d) illiterate; e) citizens with such physical disabilities that clearly do not allow them to fully understand the essence of what is happening; f) persons who do not sufficiently speak the language in which the will is drawn up, with the exception of the case when a closed will is drawn up will".
• The will is not signed by the testator himself.
• The will was made under the influence of violence or the threat of violence.
• The will was drawn up according to the rules for drafting in emergency circumstances, although there were no such rules when it was made.
• The state of health of the testator at the time of drawing up the document did not allow him to fully account for his actions and foresee their consequences.

This list is not exhaustive. A will may be recognized by the court as invalid for other reasons.

A contested will can be declared invalid within a year from the moment when the heir learned of the facts that may serve as the basis for such recognition.

How to invalidate a will in court

If, after the death of a loved one and the reading of his will, you discover that your inheritance rights have been violated and there is reason to doubt the validity of the document containing the testator’s last will, then you need to read our recommendations very carefully.

• Analyze the contents of the will and determine the reasons why you believe that the document is invalid. The reasons may vary depending on the circumstances. But you must be aware that just your firm conviction that your loved one simply could not do this to you is unlikely to be a compelling argument for the court.
• Determine which court you can address your claim to. As a general rule, such claims are sent to the judicial authority at the defendant’s place of residence. The defendant in such claims is the heir or heirs indicated in the will and called to inherit. If the contested will concerns inherited property, which includes real estate, then the claim is filed in court at the location of the specified objects. In this case, the claim We recommend that the application also include a requirement for recognition of ownership of this property.
• Prepare the text of the statement of claim and documentary evidence to which you refer in the statement and attach them to the claim. When drawing up a statement of claim, the specific circumstances of the case are taken into account. You can draw up a claim yourself, but we recommend contacting a specialist who will prepare a document that takes into account all the nuances of the current legislation and materials of judicial practice in similar cases. He will also decide on the list of documents that must be attached to the statement of claim. The following list of documents is common to all cases: - a copy of the statement of claim in an amount corresponding to the number of defendants and third parties involved in the legal process; - a receipt for payment of the state duty; - documents substantiating your claims and confirming the circumstances to which you refer in the claim.
• Please submit your statement of claim and accompanying documents to the court.

How to invalidate a will in 2018: step-by-step instructions

In this life we ​​gain and lose people dear to us. Almost each of us has faced the issue of accepting an inheritance after the death of a loved one.

Someone experiences the loss of the person himself, having no plans to take possession of his property, while others, on the contrary, are happy that they can get something “for free”.

Read on what basis a will is declared invalid - judicial practice in challenging an inheritance.

When is a will invalid?

The issue of invalidating a will arises acutely in cases where the heirs express their disagreement with the will of the deceased, not accepting the person’s last wish during his lifetime, or believe that the testator was fraudulently induced to draw up a will.

In other words, the heirs may suspect any irregularities or fraudulent actions.

In general, it is not uncommon for an heir at law or an heir for whom a will has already been drawn up to find out that there is a later will drawn up for a person unknown to him or for one of his distant relatives who had virtually no contact with the deceased.

In my practice, there was a case when one of the sons suspected that an incompetent testator was forced to draw up a will. To verify this, we went to court and established that there were no forgeries in the documents. My client acted – I’m not afraid of this word – like a Man with a capital M: he abandoned the claim, having found out that everything was legal. At the same time, he could have won a share for himself, but since a deceased loved one (in our case it was my mother) wanted to transfer all the property to another son, he did not do this.

An example could also be a situation where the testator abused alcohol and was recently poorly aware of his actions, and after death it turns out that he had drawn up a will. It also happens that a person suffered from psychological disorders due to old age, past illnesses, or taking potent medications.

As a result, the “offended” heirs come to the apartment of the deceased with law enforcement officers (sometimes corrupt), prohibit them from taking the deceased’s things, change the door locks and threaten “competitors”. There are many such examples in practice.

The procedure for invalidating a will

A will can only be declared invalid through a court.

A person who actually belongs to the testator and believes that his rights and legitimate interests are being violated can file a claim to invalidate a will.

In this case, the plaintiff will be the person whose rights and legitimate interests have been violated (heirs), and the defendant will be the heir under the will.

The claim is accompanied by a package of documents that confirm:

• death of the testator; close relationship with him of the heir;
• information about inherited property, including other evidence confirming the validity of the claims.

Grounds for invalidating a will

A will is a unilateral transaction and expression of the will of a person during his lifetime who wished to dispose of property at his own discretion.

The grounds for declaring a will invalid may be the following:

1) The testator was incapacitated for various reasons and could not understand the meaning of his actions at the time of drawing up a certain document (will, power of attorney, receipt, etc.) and manage them.

These reasons include:

• disease;
• previous injuries;
• taking various potent medications;
• alcohol and drug abuse;
• other reasons that could influence the mental state of the testator.

When considering such cases, it is necessary to order a post-mortem psychological and psychiatric examination. If the testator was registered, for example, in a psychoneurological dispensary, then it is necessary to inform the court about this in order to obtain the necessary information from the relevant authorities.

If the testator (testator) was declared incompetent or partially capable by the court, then the will will be declared invalid.

All those transactions that were once made on the basis of a will drawn up in relation to the property may also be declared invalid.

An heir who took advantage of the testator's incapacity is obliged to compensate for the damage caused if he knew or should have known about the testator's incapacity.

An innocent person who acquired this property or other property in good faith may suffer from such transactions with a false heir.

If there are doubts about the signature under the will , then the court will order a handwriting examination.

Contesting inheritance under a will

Challenging a will certified by a notary is possible due to suspicion of mental disorders in the testator at the time of its preparation.

This basis is a frequent occurrence in judicial practice and is associated with a violation of the psychophysical state of the testator, which resulted in his inability to understand the meaning of the actions performed.

When going to court on this basis, it will be necessary to prove not only the disorder of the testator’s psychophysical health, but also the cause-and-effect relationship of this disorder with the contents of the will left.

In my practice, there have often been cases of collusion between a notary and the so-called “black realtors” who, under various pretexts, forced a person who was intoxicated or in an “acute hangover” to sign documents for the future transfer of his property to another person. Such a notary, when summoned to court, asserted the legality of all actions, so it is no longer possible to prove that the testator was in a state of insanity.

Another common case for challenging a will is unlawful influence on the testator by third parties, resulting in a distortion of his will when drawing up the document.

These impacts include:

• breach of trust;
• deception;
• violence;
• threat of violence.

When appealing a will in court on this basis, witness testimony and the availability of written evidence from the testator will be of great importance. To challenge a will, you must apply to the district court with a corresponding statement of claim.

Step-by-step instructions for appealing a contested will

1. Before applying to a judicial authority, it is necessary to clearly establish whether there are legal grounds for such actions. And only if they are available, it is necessary to choose the basis that in the future can be confirmed by documents or testimony.
2. Determine the subject composition of interested parties who have the right to appeal the will in court.
3. Check whether the legal limitation period has been violated.
4. Prepare a statement of claim, or better yet, seek help from a professional lawyer.

For my part, I can note the following: despite all the procedures and advice available in various sources for solving these issues, if such a problem arises, I do not advise you to try to resolve it yourself. Each situation has its own, often very significant, nuances, for the solution of which it is better to contact a specialist. After all, the law, unfortunately, is twofold, and you, mistakenly believing that the truth is on your side, can take the wrong step, which can no longer be corrected.

Invalidation of a will: basis, procedure and judicial practice

Invalidation of a will occurs quite often. In some cases, the basis is the nullity of the document, and in others – contestability. However, both of these things happen after the court has granted the claim to invalidate the will. The legislator determined that a citizen can freely express his desire to transfer property. But if there are grounds, after the death of the testator, the will can be revoked.

When a will is invalid

According to the basic rule, the invalidity of a will is determined by the norms of legislation in matters of concluding and formalizing transactions.

Since recording the last will of a Russian is a unilateral transaction, the conditions of invalidity defined in paragraph 2 of the Civil Code of the Russian Federation (Articles 166 – 181) apply.

Transactions are declared invalid during court proceedings and without evidence. The first are called voidable, the second - void.

Grounds for challenge

The grounds for declaring a will invalid on the basis of its contestability are reflected in Art. 166 of the Civil Code of the Russian Federation. The document must violate the legitimate interests of the plaintiff. The interpretation of this norm is quite free.

If the plaintiff is sure that his rights were infringed by the will, then he has the right to go to court for restoration.

However, the fact of absence from the list of heirs or dissatisfaction with the terms of the division will not be recognized by the court as causes of action.

In practice, the following reasons are considered by the court:

1. Compiled by a testator who has no control over his actions. Facts can be used as evidence confirming that when drawing up a will the person did not control his actions: potent medications, narcotic substances.
2. Compiled by a testator who is not aware of the consequences of his actions. This means that the person was in a state of delusion about what he was undertaking.
3. Done by the testator under pressure from third parties. Psychological, physical and financial impacts are taken into account.
4. Incapacity of the testator at the time of signing. This refers to incapacity not confirmed by a court decision.
5. The pretense or imaginary nature of the transaction. In terms of challenging wills, this basis is rarely used. An example of a situation would be concealing the fact of buying and selling property by drawing up a will. Such a transaction (will) will be canceled by the court.

The list of reasons for going to court can be continued endlessly. They are not limited by law. In contrast to the grounds that make a will void.

Errors and blots in the text

Can a will be declared invalid if there are inaccuracies in the data, typos, blots, or corrections in the document? Depending on the specific situation. As a general rule, no.

The presence in the text of an inaccuracy that does not interfere with the identification of the heir, testator or inherited property does not invalidate the document.

But if, due to errors, it is impossible to identify the property or the recipient, then this part of the text may be considered invalid.

Nullity of the will

The nullity of a will means its unconditional invalidity based on factual circumstances. That is, the plaintiff does not have to prove his position. However, it is necessary to go to court to cancel the action. Circumstances that make a will void:

• violation of the form of document preparation;
• lack of signature of the testator;
• drawing up a will after declaring the testator incompetent;
• the contents or circumstances of the execution of the will violate legal norms.

If any of the reasons are present, the last will will be canceled. It is worth considering that in certain situations, deviations from the standard rules for drawing up a will are allowed. This applies to closed forms and wills drawn up in emergency circumstances.

How to invalidate a will?

The main requirement for how a will can be declared invalid is to comply with the legal procedure - going to court. Only within the framework of a judicial process can a unilateral transaction be canceled.

The procedure for invalidating a specific will occurs only after the opening of the inheritance. That is, until the death of the testator, it is impossible to challenge his will.

The algorithm for canceling a document looks like this:

1. Informing the plaintiff about the violation of his rights. Occurs when a will is read out or in another way.
2. Preparation of documents for subsequent filing with the court.
3. Participation in court hearings.
4. When filing a claim challenging a will, the obligatory step is to prove the claim and requirements in court.
5. The court's decision on the case.
6. Waiting until the court's decision to invalidate the will comes into force.
7. Contacting a notary to cancel issued certificates, if they have already been issued. If not, then for the distribution of the inheritance, taking into account the court decision.
8. Entry into inheritance rights and registration of changes in ownership, if required by law.

It is important to take into account that only those whose rights are infringed by a specific will have the right to be plaintiffs (Article 1131 of the Civil Code of the Russian Federation). A rare exception is prosecutors defending the interests of third parties.

The plaintiff must be the one who would receive the property if the will is revoked. Also, the plaintiff may be a recipient of an inheritance under a will if the cancellation of the entire will or part of it would increase the plaintiff’s share. Third parties and relatives cannot act as plaintiffs in order to protect the position of another person. An exception is parents or other representatives of minor children.

Package of necessary documents

It is necessary to pay special attention to the collection and preparation of a package of claim documents. During the process, you can file a petition and add additional papers to the case, but if key documents are missing, they may even refuse to consider the case. To begin the trial, you must prepare and submit to the court office:

• statement of claim;
• death certificate of the testator;
• will (copy);
• receipt of payment of the fee;
• applications supporting the legal position;
• a copy of the claim for the defendant.

The content and form of the statement of claim directly affects the outcome of the process. It is important that the claim complies with the standards for the execution of procedural court documents. The main elements of the claim are:

1. "A cap". In the upper right corner of the application, the details of the court where the claim is being sent, the plaintiff and the defendant are written down. If necessary, multiple defendants or third parties may be named.
2. Title of the document.
3. Introductory part. The first paragraphs of the text reflect the circumstances of the will: when it was signed and drawn up, which notary certified it, etc.
4. The essence of the appeal. It is written down why the plaintiff is going to court, and it is indicated how he became aware of the circumstances of the invalidity of the will.
5. Motivational part. Otherwise called petition. Based on the law, the plaintiff should ask the court to take some actions. In terms of canceling a will, you must ask to invalidate the will as a whole or part of it.
6. Applications to the claim.
7. Signature of the plaintiff and date of application to court.
8. Signature and details of the representative, including information about the issued power of attorney. The clause is necessary when a representative participates in the legal process.

The statement of claim is sent to the court office in any of the available ways: in person, by mail, through a representative.

Preparation of the evidence base

In cases of invalidity of a will, it is important for the plaintiff to confirm his position. This is especially true if the document is contested. Let us remind you that void wills do not need to be proven; the presence of circumstances that make them such is sufficient: lack of a signature, violation of the form of preparation, etc.

However, this does not mean that if the will is null and void, there is no need to prove anything at all. No. It is necessary to provide the court with evidence that specific circumstances existed. For example, if the law requires the presence of witnesses when drawing up a will, but there were none, then evidence of their absence must be provided.

The proof will be the fact that there are no witness signatures on the will.

In processes where contestation occurs, the evidence base plays a key role. Courts may take into account evidence collected in compliance with legal norms. If the evidence was obtained illegally, then it will not be accepted for consideration in the process.

For example, if the case is based on the contestability of witnesses, for example, based on their inability to understand what is happening (illiteracy/ignorance of language/mental illness).

It will not be enough to say that the witness did not understand what was happening; it is necessary to fully prove this fact: present medical reports, conclusions from linguistic experts, etc.

Nuances of the process

Each process for invalidating a will is individual. There is no single scheme for conducting business. So, as part of the process, counterclaims can be filed on behalf of the defendant. The motivation for such a counterclaim may vary.

For example, if a challenge to an extraordinary will is being considered and the defendant wishes to confirm the legality of drawing up the will in a simplified form, then he can file a counterclaim to certify a legally significant action.

Counterclaims are also filed if necessary to challenge the plaintiff’s right to go to court. In practice, this rarely happens.

Price issue

Appeals to the court in matters of invalidating a citizen’s will are subject to a fee. There is no specific legal norm determining the amount of the duty. Based on the explanations of the Ministry of Finance, it can be argued that the calculation of the amount of state duty occurs on the basis of Art. 333.19 of the Tax Code of the Russian Federation, regarding the determination of the amount of the fee for claims of a property nature subject to assessment. That is, the duty varies in size depending on the volume of property for which the will is invalidated. The minimum fee is 400 rubles; maximum – 60,000 rub.

Deadlines

Regarding the time frame, it is necessary to distinguish between the concepts of the duration of the trial and the limitation period. The process itself may last as long as necessary to fully consider the case on its merits, but in compliance with reasonableness. The trial still cannot last several years; there is no reasonable explanation for this.

The limitation period is calculated from the moment the fact of violation of property rights by the plaintiff is revealed. The duration of the right to go to court to apply the consequences of an insignificant will is 10 years (Article 196 of the Civil Code of the Russian Federation). If an invalid will is disputed, the statute of limitations will be shorter – 1 year.

Consequences of the court decision

According to Art. 167 of the Civil Code of the Russian Federation, when a transaction is declared invalid and subsequently cancelled, all legally significant consequences of its conclusion are canceled.

Simply put, if a will is revoked by a court decision, then all transactions with the property reflected in the text of the will are annulled. If the property has been sold, then transactions may also be cancelled.

If the subject of inheritance has not been alienated, then only its transfer to the heir is subject to cancellation.

The consequences of cancellation are:

• entry into force of a previous will;
• inheritance by law.

If the revocation occurred due to the incapacity of the testator, and the previous will was drawn up during the period of full legal capacity, then the court decision declaring the citizen incompetent will not affect the validity of the “past” text. If the incapacity occurred before the previous will was drawn up, then it is also cancelled.

When inheriting by law, the fact of cancellation of a will does not affect the order of attraction of heirs. The standard scheme works: only participants of a specific queue + obligatory heirs.

Arbitrage practice

Judicial practice in cases of cancellation of a will due to recognition of its invalidity is quite uniform. Of course, there are cases where a will is declared invalid. As in case No. 2-151/2017 of the Supreme Court of the Republic of Bashkortostan.

However, it is extremely difficult to prove the invalidity of a contested will. In matters with insignificance, everything happens more simply. It is enough for the plaintiff to justify his position, provide the court with evidence of the presence of circumstances that make the document void, and that’s it - the case is won.

Sometimes it is necessary to order and conduct additional examinations, for example, examining handwriting to confirm or challenge the authorship of the testator’s signature under the text of the will.

The alleged nullity of a will may not be proven as such.

For example, in case No. 2-3757/2011 of the Cherepovets City Court of the Vologda Region, the plaintiff was unable to prove a violation of legal requirements for the procedure for drawing up a will.

The claim was based on a violation of the procedure for signing the document: by the hand-applyer instead of the testator; and the testator's intention to change the text of the will. The claims were denied.

Also, as part of the appeal, the initial court decision to satisfy the claims may be changed. This happened in case No. 33-10051/2016 of the Kemerovo Regional Court. The appeal of the decision of the first instance court was successful.