How to challenge a will

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2018-03-24 08:52:08

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A Will is a disposal of the person about 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 one reason or another. Can I contest a will? The law provides for such transfers.

Typically, the preparation of wills takes place with the participation of the notary, who must certify the validity of the unilateral transaction. It evaluates the condition? where the testator. If the latter makes a deal while drunk or under the influence of drugs, or has other reason to believe that the testator could not understand the meaning of committed action, to guide them, the notary must refuse the certification document.

How to contest a will? This is done in court by filing a statement of claim. Before proceeding you must first prepare for and find evidence that confirm the rights of the plaintiff on the property. A statement can refer persons whose interests are violated will. In the event a court invalidated this document, inheritance is by law, in accordance with the order. Firstly, the interests of children, spouse and parents, then brothers and sisters, grandparents, then more distant relatives.

To Challenge a will can not only as a whole. If necessary, disputed and a separate position, called testamentary instructions. Typically, this occurs in the presence of the testator incapacitated relatives (children, parents, spouse, etc.), and persons dependent on him, as they are entitled to a compulsory share. In this case, the bequest is invalid only that part, otherwise it is executed in accordance with the instructions of the testator.

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The Legislation provides for such a thing as an insignificant bequest, that is, one that is drawn up with gross violations and errors, for example, in the absence of the signatures or names of the heir etc., It is not legally binding regardless of court decisions.

The Statute of limitations to contest the will, may be different. It depends on when the plaintiff learned about the available grounds for appeal to the court. From this point on the filing of the application, it has 1 year. If the bequest is void, the period is 3 years.

The Reason for going to court to challenge a will are as follows:

  • Drafting of the document by a person who is capable, not fully;
  • Contrary to the laws of the country;
  • Failure to follow the prescribed form of a will;
  • Writing a will in the context of violence, threats, deception and so on;
  • The inability of a person to understand the meaning of their actions, to guide them.

To Challenge a will is difficult, especially when the process of drawing up the notary is present. At the same time, if the document is in extreme circumstances, it is possible to a greater extent. Wills can be drafted without a notary persons in swimming, is undergoing treatment in a hospital and the like. If a witnesses. Since the latter may not correspond to the requirements because of incapacity, illiteracy, finding at the time of drafting the wills in a state of intoxication, etc., the will of a deceased person can be challenged.

For making fair decisions, the court may appoint a variety of expertise. For example, post-mortem forensic psychiatric, forensic, handwriting and more.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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