A will is a special document. He legally fixes the owner’s order regarding who, on what conditions and to what extent will dispose of his property after his death. 
General information
A will only has legal force when drawn up in accordance with the requirements established by law. They are defined in articles 1124 and 1125 of the Civil Code. However, he, like many other documents, can be challenged according to Art. 1131. This is possible if there is a suspicion of a violation of the law when drawing up the will of the owner, or certain items infringe on someone else's right to inherit.
Existing legal order
In accordance with the arguments on which dissenting entities will rely, the document may be considered as a contested or void transaction. In the latter case, notary recognition is sufficient. After that, the distribution of property will be carried out in a general manner. Otherwise, they will have to defend their rights in the appropriate instance. Next, we will examine how probate is disputed.
Preconditions for disagreement
The legislation prescribes a certain procedure for compiling a document. In accordance with the norms, a will acts as a sole transaction. Simply put, to write a document that establishes the recipients of the property of the owner after his death, you only need a conscious desire of a person. In this regard, the mental or physical health of a citizen, the degree of its adequacy at the time of registration, acts as a basis for contesting a will. The second fairly common cause of claims is considered to be the incorrect preparation of the document. Contestation of a will is allowed in cases where its form, process of signing or content does not meet all the norms and requirements governing this area.
The reason may be the fact that in carrying out the will, which is reflected in the document, the rights of other people were violated or restricted. For example, persons can be identified who are required to have a mandatory part of the property, but by the will of the testator they are deprived of it, because he did not know about them at the time of compilation or they were not at all. Challenging a will certified by a notary is allowed if there is evidence that the signing of the document was carried out under conditions that threaten the life and health of a person created intentionally by interested parties, or if violent methods of coercion were applied to the owner of the property. 
Health status
If a will is disputed because the person was mentally or physically incapable at the time of drawing up the document, medical evidence will be needed. In this case, the difficulty in collecting them is that claims can only be made after the death of a person. In this regard, hospital or polyclinic cards will act as arguments justifying the assertion that at the time of compiling the document the person was inadequate. During the trial, the law provides for a mandatory medical examination. During it will be evaluated: the severity and type of disease, the level of influence on the psyche and mind of the medications used during treatment, as well as their side effects. For example, it was found that atherosclerosis of the cerebral arteries has a strong effect on the human condition.
In addition, an oncological tumor or a serious endocrine disorder may be a fairly good reason. Judicial practice in contesting a will has a lot of decisions, according to which the document was declared invalid by the results psychiatric examinations. However, you should not rely on them only during the proceedings. In this case, it is desirable, among other things, to involve persons who communicated with the deceased not only before, but also after completing the document. They can confirm the fact that when drawing up the will, a person was in a mental disorder, since he often had clouding of his mind. These points could manifest themselves in different ways. For example, a mental disorder could be expressed in the periodic appearance of sound and auditory hallucinations, unrecognition of acquaintances, conversations with oneself, and so on. 
Psychological impact
Contestation of the will is possible in case of suspicion that the following methods of coercion were applied to the person at the time of drawing up the document:
- physical strength;
- threats;
- direct deception;
- deliberate misrepresentation regarding any facts regarding other heirs or property.
For example, a person needs care due to a serious illness. When making a will, he may be threatened with leaving him alone, will not buy the necessary medicines, and so on, if he does not express his will in accordance with the requirements of interested parties. In judicial practice, there are cases when a person has been deceived, misled the statement that the absence of a document may adversely affect the fate of property (home, garage, land, cash) after its death.
There were also situations where a person was told that the persons to whom he would like to leave an inheritance had died or disappeared. Another fairly well-known case of misrepresentation is considered defamation of potential recipients of property. In particular, it is about providing false, defamatory information that they lead an idle lifestyle - they abuse alcohol, take drugs, participate in gambling. In this regard, they can spend their inheritance on unworthy goals. If it became known of misrepresentation, the will shall be challenged with the indication in the lawsuit of those persons who carried out the deception.
Drawing up procedure
Since the Civil Code contains only a general concept of violations of the document processing process, its correctness is established in court. They are not considered to be arguments in favor of invalidating the transaction, if they do not in any way affect the understanding of the will and will of the citizen. So, for example, grammatical or spelling errors are unlikely to cause an erroneous idea of will. Contestation of the will can take place in case of doubt in the signature.
In this case, a handwriting examination is necessary. It is appointed by court ruling and is based on samples of a person’s handwriting and signature over a period of time close to the time the will is drawn up. Doubts can be caused not only by the signature of the owner who wants to distribute his property after death, but also by another person who is forced to do this due to certain physical defects of the willor. In such cases, a very common mistake is an insufficiently clear indication of the reasons for which the document was signed by another person, or incorrect presentation of information about it (passport data, address for registration). 
Required share
Often, the challenge of the will of deceased parents concerns the fact that they have disabled or incompetent children.Before signing, fixing the document, the owner must be informed that there is a legislative norm that provides for an obligatory share of the property of the deceased for certain persons. This provision is contained in Art. 1149 Civil Code. However, the testator himself may not be aware that such persons exist, or they themselves may not be the recipients of the mandatory share at the time the document was drawn up.
Marital relationship
The contestation of a will may relate to property acquired in marriage. As a rule, during state registration of ownership, it is issued to one of the spouses. He may subsequently transfer the property by inheritance. It may be that the husband or wife already had it before marriage, but in the process of family life it was jointly improved. The will can be made so that after death the property will be transferred to third parties. This circumstance acts as a reason for making a claim. And in this, and in the previous case, the allocation of the mandatory hereditary share is necessary. 
Claim requirements
Regardless of the reason for the dispute, the requirements must be drawn up accordingly. The procedure for filing a claim is defined in the Civil Code. Undoubtedly, it is better to challenge the will before opening the inheritance. In this case, there are more chances to return the share due, to restore your rights.
The claimant must indicate which interests will be infringed and how, if the document takes effect. The law, however, defines a time period for contesting a will. Interested party may file claims within a year from the moment when it found out or should have known that his rights had been violated. 
Finally
In judicial practice, the process of challenging wills begins for various reasons. There are a lot of them. However, it is impossible to make accurate forecasts regarding the outcome of a particular trial, even if the reasons for a particular lawsuit are the same. Evidence and Arguments on hereditary matters It’s always quite difficult to unambiguously interpret. In these cases, much is built on witness testimony. If, nevertheless, it was decided to file a claim, then it is more advisable to contact an experienced lawyer for qualified assistance.
