will is the order of the person on the transfer of rights to property belonging to it after the death of another person.There are cases where the heirs do not agree with the contents of this document for some reason or another.Is it possible to challenge a will?The law provides for such a possibility.
Generally, wills made with the participation of a notary, who must certify the validity of this one-sided deal.It assesses the state?in which the testator.In case if the latter enters into a transaction in a state of intoxication or under the influence of drugs, or there are other reasons to believe that the testator may not understand the significance of committed actions, control them, the notary must refuse to license document.
How to challenge a will?It is produced in court by filing a statement of claim.Before proceeding you must first prepare for and find evidence that will confirm the applicant's right to property.A statement may contact the person whose interests are violated will.If the court invalidate the document, the inheritance comes by the law, according to the order.Firstly, the interests of the children, spouses and parents, then siblings, grandparents, after - more distant relatives.
To challenge a will can not only as a whole.If necessary, and certain provisions of the contested called testamentary disposition.Typically, this occurs in the presence of the testator disabled relatives (children, parents, spouse, etc.), as well as persons who are dependent on him, as they are entitled to a compulsory share.In such a case the will is invalid only in this part, otherwise it is executed in accordance with the instructions of the testator.
law provides for such a thing as an insignificant testament, that is, one that is made with gross violations and errors, for example, in the absence of signatures or names and other heir. It has no legal force, regardless of the court decision.
limitation period to challenge the will, may be different.It depends on when the plaintiff learned of the available grounds for going to court.From that moment on filing a claim he has 1 year.If the will is void, this period is 3 years.
grounds for appeal to the court to contest the will, are as follows:
- drawing up the document the person who is capable not fully;
- contrary to the law of the country;
- failure to comply with the established form of the will;
- writing wills with regard to violence, threats, deception, and so on;
- inability to understand the meaning of a person's own actions, to govern them.
To challenge a will is difficult, especially when in its drafting notary.At the same time, if the document is made in an emergency, it is possible to a greater degree.Wills can be drawn up without a notary persons in swimming, treatment in hospital, and the like.This one must have witnesses.Since the latter can not meet the requirements imposed on them by virtue of disability, illiteracy, finding at the time of making a will in a drunken state, and the like, the will of a deceased person may be challenged.
To make a fair decision, the court may appoint different examinations.For example, a post-mortem forensic, forensic, handwriting and others.
