How to challenge a willless inheritance in a court of law

In case law, property disputes are the most frequent procedure, especially if they are inherited.How to challenge an inheritance by law,If the deceased hasn't left a will.

Grounds for challenging an inheritance under the law

Every person, sooner or later, is faced with a procedure for the inheritance of property; according to the legislation in force, this is the transfer of ownership from a deceased person to a relative or third person; in most cases, the registration of real estate in Rosreestre is free of charge; however, there are two ways of inheritance:

A person ' s post-mortem desire to dispose of property is recorded in a written agreement; essentially, the movable or immovable property is handed over to the first line ' s relatives as well as to the spouse.

The document specifies the manner in which the property is disposed of, the conditions for the transfer of ownership, as well as the persons responsible, and the debts of the relative and the obligation to pay may be listed in the will, and after death the document shall be read out in the presence of the notary and the persons in question.

A will will may be challenged only if there is a good reason for it, and if the document is not correct, for example:

• Not certified by a notary when writing;
• The requirements of the law have been violated in the course of processing;
• The secrecy of the will has not been respected;
• The paper is prepared under pressure or by an incompetent person, etc.

Another way to challenge an inheritance is by recognizing a person.an unworthy heir.In such a case, the responsible citizen is deprived of his or her right to own his or her property in a court of law; however, the plaintiff will need to present strong reasons and arguments, as well as to support his or her doubts with appropriate documentation.

Unworthy heirs are:

• (a) Persons who have deliberately evaded their duty to maintain the heir;
• Citizens who have committed a crime against the life of the deceased;
• Parents deprived of their rights to the child.

Incapable or incapable relatives, on medical grounds, have the primary right to inherit or share in the inheritance, and a person may not be identified in a document certified by a notary, in which case the will is challenged in court.

If a relative dies suddenly and has not made a will, the inheritance is distributed to the relatives according to the law.

When You Can DisputeDo you have a legal inheritance?

The transfer of property rights takes place in accordance with the law, i.e. under the law.Article No. 1142Children, parents and spouses are the primary heirs of the first line; if, for any reason, citizens can accept the inheritance, the property is transferred to distant relatives (brothers, sisters, aunts, uncles, etc.).

According to the law, the inheritance can only be challenged by a court, which requires a period of six months from the death of the testator.

Mode of action

Contestation of inheritance is a fairly frequent procedure in judicial practice, which requires a considerable amount of time, as well as an expert assessment, and there is a statute of limitations during which it is possible to bring a case before a court and to hear it.

The procedure for challenging an intestate inheritance is as follows:

• Compliance with the six-month deadline;
• Preparation of documents that will serve as evidence for the offence;
• Preparation of the claim and submission to the court:
• In the defendant's place of residence, if the property is movable;
• Where the immovable object is located, if the dwelling, non-residential place or house is in dispute;
• The claimant's place of residence, in other cases;
• Involving witnesses (if required).

Once the ruling of the Trial Chamber has been issued, it is necessary to apply to Rosreister for registration of the immovable property as the heir ' s property under the law.

DisputeRight to legal inheritanceAny relative of the deceased, as well as a dependent who is supported for life and adopted children, parents, legal guardians.

The grounds for challenging the inheritance under the law may be as follows:

• Mental disorder of the testator who could not control his actions in life;
• Illegal registration of property by a relative who does not have the right to do so;
• Living in an apartment of third persons ' heirs;
• Death of direct heirs, etc.

Package of documents

According to the Russian Criminal Code, there is a general limitation period of three years for all inheritance cases, during which the heir may be informed of the offences, in which case the limitation period shall run from the time the application is filed with the court.

Dispute inheritance in courtAll relatives of the inheritor are entitled.package of documents,which includes:

• The plaintiff ' s passport;
• A claim to challenge the inheritance;
• A receipt for the payment of the public service (value depends on the type of property, mainly a tax of 350 roubles);
• Death certificate;
• A document confirming affinity (birth certificate, marriage registration, etc.);
• Right-setting papers that confirm the right to inheritance;
• Evidence of the offence (if any) et al.

The dispute over the inheritance is, in most cases, prolonged for a long time, because the cases are specific and require careful examination, and the plaintiff will not be able to prove the validity of his actions in the event of a lack of any documents on the property.

Model statement of claim

There are many situations in which the heir may require judicial assistance to protect his inheritance rights.

Accordingly, claims brought before a court to challenge an inheritance should contain the main cause of the offence by third parties; the text of the document should indicate the circumstances, requirements and evidence.

The application shall be made in two copies, and no stamps, corrections or errors (especially on dates, initials and property information) shall be allowed.

The structure of the claim before the court is as follows:

• Name of the Trial Chamber, address, requisitions;
• The plaintiff ' s personal details;
• The respondent ' s FIO;
• Information on the heir (date of birth and death);
• A detailed description of the disputed property;
• Violation;
• Evidence;
• Reference to legislation;
• The plaintiff ' s claims;
• List of attached documents;
• Date, signature of the originator.

The claim must be accompanied by documents that confirm the validity of the plaintiff ' s actions (relaying the case, depriving the relative of his inheritance, obtaining a share in the property, etc.) and, if the outcome of the proceedings is favourable, the heir is required to return the real estate or to compensate for part of the value.

Was there a statute of limitations?

There are a number of circumstances that may call into question the legality of inheritance.

These may be errors and irregularities in the course of the inheritance process, or new circumstances that were not previously known, such as another heir who claims ownership of the deceased ' s property, and because of these and other circumstances, any kind of inheritance may be challenged.

According toArticle 181SCK of the Russian Federation, there is a certain number of cases before the court.period of challenge to the inheritanceLegally.

If the property has been legally registered, a claim to challenge the inheritance rights may be filed in conjunction with an application for an extension of the duration of the inheritance.

If the inheritance rights in the will are declared null and void, a general or reduced limitation period may be applied; the time allowed for the adjudication of property disputes in court is basically three years.

Claims for challenges to inheritance

In order for the heir to file a claim in court against the inheritance, he must have the basic knowledge of the inheritance relationship.

Article 1110 of the Civil Code defines the concept of "inheritance", meaning the transfer of the deceased relative's property to his heirs; this is usually only in two cases: by will or by law.

The moment of discovery of the inheritance is the transfer of property to the heir on the date of the death of the heir, from which the heirs acquire the right to use the property.

The day of the discovery of the inheritance is considered not only to be the day of death, but also the day when the decision of the court will become enforceable and the relative will be declared dead.

The moment of discovery by court order will be the actual day of death announced in the judgement.

The discovery of the inheritance takes place in the presence of a notary, and the heir must file a claim of a certain form and must be lodged in the place of residence of the deceased relative.

If such historical location is not known, the location of the inherited property will then be recognized as the place of discovery.

In the case of contentious issues, counsel will provide guidance on how to make a claim.

The procedure of succession

It is important to distinguish between inheritance by law and will, and these two proceedings are not subject to judicial review at the same time.

There is a certain procedure for making a will, and certain conditions laid down in the Civil Code must be observed, and the will must be drawn up by a citizen of the notary who has the capacity to act, thus expressing his will.

Counsel knows how to get a lawsuit right.

If these conditions are violated for any reason, it is possible to challenge it in court, and under article 1123 of the Civil Code, two forms of will are distinguished; the first will be written in the presence of a notary and certified by him; and the second will is written in plain writing.

If, as a result of the inheritance dispute, the court reached a positive verdict on an invalid will, the claimants did not need to despair.

In this case, they shall not lose their inheritance rights under civil law.

In order to avoid legal succession, the law implies certain ways in which this can be done: the civil law provides for the following means of refusal: to challenge the inheritance of a notary at the place where the inheritance is opened; to do so also through a representative by means of a power of attorney.

If the property has been bequeathed to the heirs of a few, two or more of the heirs, all of them shall have different shares; in that case, any attempt by the claimants to challenge the share and to obtain most of the property shall end in nothing; such claims shall not be granted by the court; in that case, the applicant shall be denied.

Other grounds for challenging property rights or the recognition of inheritance are often raised; in order to determine the main points, a legal counsel for inheritance cases must be consulted; a full package of documents relating to the inheritance dispute will be required.

Claims for challenges to inheritance

I had a good friend who died as a father. We knew each other in 2015. I was doing his guard. I mean, I was paying for the state. I was running around.

I wrote a letter to the program waiting for me to find his children, have a check from the post office. I involid indefinitely, I have two young children, can I sue if there aren't any relatives, and there's my mother, though she's got us a place to live, but she basically left us homeless, changed and before I changed, I went to boarding school and I have a certificate. Thank you.

I'm waiting for an answer.

The answer to the question is on the phone.

How to Legacy Through the Court

In which cases the inheritance is processed through a court of law

A notary ' s refusal to open an inheritance or to issue a certificate of right to inherit usually brings the heir intending to inherit before the court, in which case the notary must be required to order a written refusal to perform the notary ' s act; an oral refusal to issue a certificate of right to inheritance is not permitted.

In the event of an unjustified refusal by a notary to issue a certificate of succession, it is necessary to apply to the court for an appeal against an unlawful act of a notary.

In practice, the notary is most often legally denied the opening of an inheritance case or the issuance of a certificate of right to inherit, since only documented facts can be testified to; in the absence of the necessary documents or in the event of a dispute, it is only possible to inherit through a court.

In conclusion, we will refer to the specific case of a complaint against a notary ' s malfeasance, a case that has become unique in judicial and notary practice.

In which cases the inheritance is processed through a court of law

The resolution of inheritance issues is quite common in case law.

Without recourse to the courts, it is almost impossible to inherit in the following cases:

• Execution of a will made in an emergency: Only by judicial means can it be determined whether the will is enforceable and whether the heir specified in the will may inherit; the fact that the will is made in an emergency, at the request of the persons concerned, is confirmed in court.
• The heir has missed the statutory time limit of six months for the acceptance of the inheritance, in which case he applies to the court for reinstatement of the missed period.
• It is not possible for the court to establish a relationship between the heir and the heir.
• Determination of the legal fact of acceptance of the inheritance: In this category of cases, the actual acceptance of the inheritance by the heir is proved in court, and we will elaborate further on this issue, as cases of this kind are quite common in case law.
• The heir failed to register the right to immovable property in accordance with the established procedure, and the absence of a certificate of ownership of immovable property is a basis for the heirs to apply to the court for inclusion in the estate.
• When the inheritance is inherited by a number of heirs, it is inherited by them, except in the case of a bequest in which there is a bequest; and if the heirs are unable to agree on the division of the inheritance, they shall go to court.
• Judicial determination of the fact that the heir is dependent for the purpose of obtaining a compulsory share may be sought by persons who have been on the heir ' s maintenance for more than a year.
• The surviving spouse has the right to apply to the court for the allocation of his share of the property, which shall be his/her own and shall not be part of the estate.
• Refusal of the will: Claims of this kind are quite common in judicial practice, and the procedure for inheritance if the will is declared invalid will be discussed in detail in a separate article of our website.
• The removal of the heir from the inheritance and the recognition of the heir as unworthy is another reason for the trial, and in the event of the satisfaction of the claim by the interested persons, who are the other heirs of the deceased, they will inherit through a court of law and may inherit by a court of law.

Our list of circumstances in which inheritance is possible only through the courts is not exhaustive, and there are other cases in which recourse to the courts is inevitable.

To which court to apply for inheritance

The heir, who has been refused by the notary to open an inheritance case or issue an inheritance certificate and has received a recommendation to inherit through the court, must first determine the jurisdiction of his claim.

In accordance with the legislation in force, the court in the defendant's place of residence – the natural person or the court in the defendant's place – is referred to the legal entity with claims arising from the inheritance relationship.

The court of the complainant ' s place of residence considers statements that require the establishment of legal facts relevant to the emergence of inheritance rights.

This rule applies to cases in which the heir applies to the court for the determination of facts of legal significance: the determination of the fact of the acceptance of the inheritance or the determination of the fact of the relationship.

1. In the courts where real property is located, applications are made to establish the ownership and use of immovable property in order to recognize the rights to that property.
2. In cases where an inheritance dispute has arisen, which includes several real estate assets located in different localities, the claim shall be brought before the court at the place where one of the objects is located at the place where the inheritance is opened.
3. If the property is not located at the place where the inheritance is opened, the claim shall be brought before the court at the place where any of the property is located.
4. The issue of claims for the division of immovable property is similarly addressed.
5. Having determined the issue of jurisdiction, the heir prepares an application to the court.

The writing of a statement of claim will require specialized legal knowledge that the heir is unlikely to possess, in which case the assistance of a qualified lawyer is available.

It is necessary to determine the cost of the claim in order to calculate correctly the amount of the public service paid prior to the application to the court.

Separating the inheritance among the heirs

Actual acceptance of the inheritance through the court

• The actual acceptance of an inheritance is one way to inherit.
• This method is lawful if the heir has committed acts that would indicate that the heir treats the inherited property as his own.
• These include: housing or living in a dwelling owned by the heir (with no or no registration at the place of residence or place of residence) and taking measures to preserve the estate, paying from his personal means payments of communal and insurance payments, debts and debts of the heir, receiving the money due to the heir and other actions of the heir during the period prescribed by law for the taking of the inheritance.
• These actions should be aimed at the use, possession and management of the inheritance.
• However, despite the fact that the heir carries out all the above activities, he must document his inheritance rights.
• This is done after the expiry of a period of six months if the notary refuses to open an inheritance case and to issue a certificate of right to inherit, only on the basis of a court decision.

If the heir ignores the need to establish the fact that the inheritance has been accepted and processed in court, he will not be able to dispose of the estate (gift, sell, exchange, bequeath, etc.)

This applies also to cases where the heir is the only and no one else claims the property.

Appeal against the unjustified refusal of a notary

The Russian Federation ' s media recently reported that the Moscow District Court of Kaliningrad, after considering a complaint by a citizen who had been denied the right to inherit by a notary, had found that the notary ' s refusal was unlawful.

It would not be surprising, as such decisions are not rarely handed down by the courts.

However, this fact was made public and almost sensational because no document of a citizen who applied to a notary and after his refusal to appear before the court indicated his name. There was no name on his passport, birth certificate, marriage certificate or other documents.

However, the court did not agree with the notary and declared his refusal unlawful; as a result, it ordered the notary to issue to the heir a certificate of legal succession following the death of his wife.

The court ' s decision had entered into force.

In our article, we discussed the most common cases of legal succession.

All legal proceedings relating to inheritance involve not only material costs but also serious legal and moral training; it is difficult, but still possible, to defend their rights in court.

How to challenge the inheritance in court: model statement of claim, rules of procedure

Death comes when it is not expected, and it is impossible to prepare for this event.

The time has come for him to take possession of the property which he left behind, and for many there is a dispute between them.

They are allowed by a court of law where an action can be brought. Contestation of inheritance is a frequent reason to go to a court of law.

Legal significance of a challenge to an inheritance

And Allah is All-Knowing, All-Wise.

The matter of succession is decided by a notary, and the hearing of the case lasts for six months, and the time limit is set for the declaration of rights to all those who claim inheritance.

• Errors in the presentation of documents;
• Misbehaviour of citizens, which has led to their exclusion from succession;
• The discovery of new heirs or unrecorded property.

Who, and why, can challenge the inheritance?

Close relatives or persons named in the will should know how to challenge the outcome of the bequest, and the legal reasons for doing so may be as follows:

• The declared incapacity of the heir;
• The established fact that the testator was temporarily unable at the time of writing his will to report on his actions (sick, under the influence of alcohol, other reasons);
• It was discovered that at the time of writing the will, the person had been deceived or misled by those named by the heir;
• The will is written under duress or threat.

There are also a number of special reasons that make it possible to cancel the transfer of property by inheritance:

• Shortcomings in documents, lack of necessary signatures, dates;
• The will is not certified by the notary;
• The secrecy of the writing has been disclosed;
• No witnesses are mentioned or signed;
• The will is made not by the heir but by his representative.

If the relatives discovered a will that was made later than the one that had already been announced, they could challenge the inheritance in court; the procedure itself did not take much time, but the verification of all the circumstances and the transfer of rights could be prolonged.

Legacy challenge procedure and model statement of claim

It was then necessary to draw up a statement of claim, the best way to do so was with the assistance of a lawyer, which included all the documents available, the applicant ' s passport and their list.

In the course of the judicial proceedings, newly discovered evidence could be added to the case by filing a motion; no new circumstances would be accepted after the judgement had been rendered; the complainant had the possibility to appeal to the courts.

The court may or may not accept the application filed.

• Violation of the jurisdiction of the case;
• Irregularity of the plaintiff ' s claims;
• A violation of the form of submission of documents.

The court may return the package of documents for correction and addition; after acceptance, the date of consideration of the case shall be set, the court shall notify the participants of the proceedings, and the court may decline to take part in the proceedings by submitting its views in writing; in the absence of the plaintiff, the judge may declare the case closed.

After receiving the court ' s decision, a notary must accompany him; in the event of a successful (full or partial) claim, the previous certificates of ownership will be revoked and the estate will be processed in accordance with the court ' s decision.

By law

In the case of inheritance, the delay in contesting the inheritance may be extended if the heir has learned of the violations committed against him at a later date; this fact must be confirmed by the documents of departure, travel and access to information about the deceased.

If there is no will to inherit by law, after a dispute has taken place, all property shall be returned to the common estate.

If a person who has been recognized as an unworthy heir has acquired the right to inherit, it is possible to challenge the inheritance, and such a court will recognize the person who is responsible for the death of the heir or has somehow influenced it.

By will

If you wish to re-examine a will, you must bring an action before a court.

It's possible to argue if the will itself is miswritten from a formal point of view.

It is also worth challenging the inheritance if there is evidence that the testator did not report his actions at the time of writing the will or was legally incompetent if new heirs were found or the value of the property in the document was misstated and unrecorded property was discovered.

How long can the inheritance be challenged?

Judicial practice shows that, in the case of legal succession, it is better to file a suit earlier, and the revocation of the unworthy heir ' s property rights significantly delays the process of re-establishment of the plaintiff ' s rights.

Lawyers recommend that an application for extension be filed at the same time as an application for a challenge to the inheritance.

Such a claim must be filed no later than six months after the circumstances that prevented the inheritance from taking place in a timely manner have ceased.

How to challenge the inheritance (dispute) in 2023 — by law, by will, to an apartment, after death, through a court of law

A person who is entitled to a share of the estate in the event of the death of the heir shall be determined by law or by the will of the deceased in a testator ' s document; if anyone believes that the will is unlawful or that his rights as an heir have been violated, he shall have the right to challenge the inheritance.

What are the means of obtaining property?

Current civil law provides for two modes of inheritance, either by law or by will.

By law

If a person is not concerned about the writing of a will document in the course of his life, his or her property will be shared with his or her close relatives in the event of his or her death, in accordance with the line established by law.

The first line of the deceased's relationship is his children, his parents, and his half.

By will

If there is a will of the heir whose legitimacy and authenticity is called into question by any of the possible successors, the document may be challenged by the courts.

There are two types of invalid wills: contested by a court decision and null and void regardless of the decision.

Under what circumstances can the procedure be carried out

There are several reasons that will allow the procedure to begin to challenge the inheritance, and how to challenge the inheritance will be discussed in detail below.

Unworthy applicants

Civil law allows for a challenge to the inheritance by recognizing other successors as unworthy.

Such persons shall be considered as:

• Persons who have been convicted by a court of an offence against the heir or his close relatives claiming property;
• Parents who have lost parental rights to a child are not able to inherit from them if they have not recovered from their lives.
• The plaintiffs of the deceased's property, whose duty was to take care of the deceased, but they turned away from him.

There's a fact of death hidden.

If the heir ' s successor has not been notified of his death and has not had any opportunity to know about it, there may be a situation in which the time limit for his inheritance will expire.

In such a case, it would be necessary to apply to the courts for reinstatement; if the application was granted, it would be possible to challenge the inheritance.

Mandatory share

If the deceased has not indicated in his will to the recipients the property of relatives who are legally entitled to a compulsory portion of the property, they may challenge the inheritance.

The following persons are entitled to a compulsory share:

• Unemployed, minor children of the deceased;
• Unable to work father and mother, spouse of the deceased (disabled in groups 1 to 3);
• Persons who are unable to work and who are dependent on the heir.

A mandatory percentage is awarded at least half of the amount that the close ones would have received in the order of priority established by law.

Passage

The right to inherit is subject to six months after the opening of the inheritance; if the period is missed, the following are valid reasons for seeking judicial redress:

• Not knowing and not knowing about the death of a person, e.g. when such a fact is hidden;
• The delay was due to insurmountable circumstances.

Restitution should be sought within six months of the termination of the circumstances surrounding the delay.

Ineffective will

The grounds for challenging a will may be the general reasons why any agreement can be terminated, or special – that apply only to the will.

The general circumstances are as follows:

• By a court decision, the heir at the time of writing the will is deemed to be incompetent, or his capacity is limited;
• The owner of the inheritance may not, at the time of writing, report on his or her actions or actions due to any illness, state of intoxication, illness or other causes;
• The deceased was misled to include a certain person in the will;
• The document was prepared under the threat of mental or physical violence or fraudulently.

Special reasons include the following:

• The non-conformity of the document with the prescribed form, e.g. the absence of a signature, date or notarization of the document;
• The confidentiality of the document has been violated;
• The will is made by the representative of the deceased; the document is prepared by the heir only in person;
• The text does not contain data on the witnesses of the writing of the document or does not contain their signatures (where their presence is provided for by law).

Document written against will

Pressure on a person to make a will is an interference in his or her will to distribute property among his or her successors.

A subsequent will of this kind may be challenged by the heirs.

There's been another will.

The basis for the challenge may be the discovery of another testimonial document with a later date.

Who has the right

Persons whose legitimate interests are affected in the distribution of the estate have the right to challenge the inheritance:

• Successors of the line that would have been involved by law in the right to inherit without will;
• Obligatory heirs (unable relatives and dependants of the deceased)
• Other persons whose estate the heir has ordered in violation of the laws in force.

For property

Relatives who, regardless of the text of the will, are entitled to a compulsory share of property and worthy first-line successors may defend their rights by challenging their inheritance.

If such heirs do not survive, the next line of kinship is involved in the inheritance.

To the apartment.

The estate of the heir may be contested if it is part of the heir ' s property.

Contestation of a will for a dwelling takes place in court proceedings.

If sold

Problems may arise if a person wishes to challenge the will to a dwelling that has been sold.

In such a situation, it is first necessary to prove that the sale is invalid; it requires strong arguments and reasons for such recognition.

If judicial proof of the validity of the agreement has been obtained, bilateral restitution takes effect; all rights and obligations over property are returned to the state that existed prior to the transaction; the dwelling is transferred back to the successor and the funds paid for its acquisition to the buyer.

Home.

The house is a real estate that a person can bequeath to one of his heirs in its entirety or to divide among several successors.

If the estate includes both the house and the apartment, the heir is entitled to leave each type of property in whole parts of the two heirs.

Challenging the Legacy

Contestation of inheritance by law occurs only in court proceedings.

What needs to be done before filing a suit

A qualified lawyer should be consulted before filing a complaint with the court.

After all, inheritance cases are legally difficult and involve a negative reaction from the deceased's relatives – everyone wants to push the cup of justice to their side.

Where to Go

The law regulates the procedure for filing a complaint according to certain features:

• On general grounds, the second party's place of residence or residence should be addressed;
• With regard to the right of ownership, the action is brought before the court at the place where the property is located;
• With regard to establishing the facts, such as acceptance of the percentage, the applicant's place of residence must be contacted.

What's going on?

The procedure for the inheritance dispute consists of the following steps:

• Compliance with the time limits for filing a claim;
• Collection of a package of documents confirming the violations and giving rise to a challenge;
• Submission of an application to a judicial authority;
• Participation in proceedings;
• To issue a court decision in hand;
• Cancellation of succession certificates for other successors and receipt of new ones on the basis of a judicial document (by contacting a notary).

Time frame

The filing of a claim should be subject to the statute of limitations for challenge.

If the appeal is made in accordance with the law, the time limit shall be six months; it shall be counted from the date of the opening of the inheritance.

Formulation of the application

The following information should be included in the statement of claim:

• The details of the judicial authority;
• The identity of the heir, plaintiff, defendant and notary who participated in the testimonial document;
• Information on the interests affected;
• The plaintiff ' s evidence and arguments;
• Claimant ' s claims;
• List of documents filed with the claim;
• Date and signature of the applicant.

Additional documents

When making a claim, such a package should be made available:

• A document confirming the applicant ' s identity;
• A copy of the complainant ' s relationship to the deceased or other grounds for appeal;
• The estate documents of the heir;
• A receipt for payment of the fee (platforms);
• Other documents at court ' s request.

Procedure for challenge of will

If the testator has made a will, the claim must be filed with the court at the place where the inheritance is opened; it is possible to challenge both the entire contents of the document and a certain part of it.

Can you appeal to death?

A testimonial inheritance may be challenged only after the testator has died or has been declared dead.

It's impossible to sue in life.

What's in the statement?

The content of the claim in the event of a testator ' s will challenge must show evidence that the testimonial document is invalid and that the notary in charge of the case is known to be invalid.

The contents should indicate the place and time of the will and the property listed therein.

What kind of documents do you want?

An application to challenge a will is accompanied by the will itself or a certified copy thereof, and documents containing details of the will and, if necessary, the assessment of a specialist, such as a handwriting expert, are attached.

Evidence

Evidence of violations of the will or incapacity of the testator at the time of writing, the absence of references to mandatory successors, the existence of several wills or unworthy heirs may serve as grounds for challenge.

Time frame

The permissible period for challenging a testimonial document in general order is three or one year, depending on the possibility of declaring it null and void.

Value

The amount of the public service for persons who filed a claim in 2023 is 300 roubles.

What outcomes are possible in practice

Judicial practice shows frequent reasons for challenging an inheritance, such as recognition of a person ' s incapacity, existence of two wills and forgery of a document.

If the estate includes real estate, the parties ' claims and the court ' s outcome are almost impossible to foresee due to the large number of nuances.

Features

When challenging an inheritance, some features should be borne in mind.

Is it possible to appeal the refusal

The law states that refusal to inherit cannot be contested, but there are exceptions which include such situations:

• A person ' s inability to report on his or her actions at the time of refusal;
• The fraud of the person, which results in the rejection of the person ' s rights;
• Threats and pressure on the applicant;
• A state of intoxication in the event of refusal.

The refusal must be contested within six weeks of its implementation.

How to Prevent Willing Proceedings

Problems with inheritance disputes can be avoided when a testimonial document is issued correctly, with an indication of the successors and the property they will receive, and the signatures of all the persons who are required to be present at the writing should be kept in mind.

How to challenge an inheritance without will by law

Disputes over the division of inherited property arise quite frequently, one of the most common being whether a willless inheritance, i.e. a law, can be challenged.

Is it possible to challenge the inheritance?

In order to challenge the inheritance, there must be valid reasons, such as:

• Non-compliance with the order of priority at the time of admission;
• Failure to notify one of the applicants of the heir ' s death;
• Recognition of the heir as legally unworthy under article 1117 of the Criminal Code of the Russian Federation;
• Pass for reasons of respect for the time limits established by law;
• The existence of a will which, for some reason, has not been fulfilled;
• Failure to respect the interests of a child who had not yet been born but had already been conceived at the time of the death of the heir.

It is only through the courts that the inheritance can be contested, both by law and by will.

Who can challenge the inheritance?

This can only be done by persons who are entitled to claim inheritance under article 1141 of the Criminal Code of the Russian Federation, in accordance with the law, only in order of priority.

First of all, it is intended for the closest relatives, such as the husband/wife, parents or children.

Only if such relatives do not exist, or if they give up their share, may the property be transferred to the heirs of the second line (brothers/sisters, grandparents), next to the third (uncles, aunts), etc.

The inheritance may be contested by law by any of the applicants for the deceased ' s assets, regardless of turn, if he considers that the property was transferred in violation of the existing norms of the Russian Civil Code.

Time limits for challenges to inheritance

The period of limitation, defined in article 195 of the Code of Criminal Procedure, is applicable in the event of a challenge, which is three years in accordance with the general rule set out in article 196 of the Code of Criminal Procedure, during which time it is possible to challenge the succession of other persons if serious violations have been committed, such as failure to perform a will, recognition of the heirs as unworthy, etc.

If the order of priority is violated, it is possible to appeal against the succession of other persons within six months of the opening of the case.

If the situation is such that one of the applicants was unaware of his or her rights because he or she was not notified of the death of a relative, he or she has the right to challenge the inheritance within six months from the moment he or she became aware of the death and his or her rights, respectively; in such situations, the court simply restores the missed dates in accordance with the procedure established in article 1155 of the Criminal Code of the Russian Federation.

Means of challenging an inheritance

You may seek to resolve the matter in a peaceful manner before challenging the inheritance in a court of law, and it will be necessary to negotiate with those who have obtained their property under the law; and if they agree to do so, they may opt out of their share (in full or in part) in favour of another applicant.

The refusal under article 1157 of the Russian Civil Code may be signed within six months of the acceptance of the inheritance.

If no agreement is reached, the only way to challenge it is to file a complaint with a court.

The document will need to include the following information:

• The full name of the court to which the claim is made;
• Exact details of plaintiff(s) and defendant(s) (FIO as well as residence addresses);
• A statement of the circumstances in which the claimant ' s inheritance rights were violated;
• List of evidence supporting the circumstances;
• The value of the claim (if the estate is to be valued);
• The plaintiff ' s claims;
• Date and signature of the plaintiff.

If any documents, audio or video recordings are provided as evidence, they must be attached to the statement of claim and listed as annexes at the very end of the statement.

In order to win the inheritance dispute in court, it is essential that the statement of claim and the evidence that the plaintiff ' s rights have been violated be correctly drawn up; in some cases, it is not easy to do so without a qualified lawyer.

In our company, you'll get help from professionals who have been working on inheritance cases for years, our lawyer will help you see if you're entitled to property and, if necessary, help you defend your interests in court.