Relations with relatives do not always work out well. Even if relatives get along with each other and are always ready to help, one should not forget about such a delicate moment as the division of property. The best way to protect your family from possible quarrels and conflicts is to write a will.
Written will
In order not to lose property acquired over a long life, the citizen is offered two ways to transfer it by inheritance:
- According to the law, that is, the transfer of rights will be carried out on the basis of the Civil Code of the Russian Federation, in accordance with a predetermined order.
- According to the will, in other words, any citizen can turn to a notary and fix his intention to transfer property rights to specific individuals.
In the right of inheritance there are restrictions regarding the personal debts of the testator, which arise in direct connection with the citizen and cease to exist with his death.
As soon as the fact of the death of a citizen is established, notary offices accept cases on the distribution and transfer of inheritance to legal successors. The simplest, but no less conflicting way of distributing property is to open an inheritance by reading a will. Why is it no less conflicting, because the dying man expressed his last desire and clearly distinguished between whom and what will depart after his death? Among friendly relatives there are always dissatisfied. To resolve disputes in legal practice, it became necessary to invalidate a will.
Disposal of testament property
A citizen who has decided to distribute property in advance between relatives should be mentally normal, act exclusively on his own behalf, avoiding pressure from the outside, and have a clear memory. The desire to transfer the house to his sister, and the car to his eldest son, for example, is expressed by the person who makes the will personally, without outside help. Written expressions of the will of several persons at once are not allowed. Only one person can dispose of his personal property.
Sample will
A decision has been made to draw up a will. It would be logical to ask if there is a standard testament. Based on the characteristics of each individual case, the testator should determine the main points that will be brought into force after his death.
Perhaps there will be disagreeable persons who will be deprived of their inheritance without explanation, or people who are not members of the circle of relatives, but who have greatly influenced the life of the person writing the will. Such people can also leave property partially or fully acquired by overwork.
Certification by the rules
In accordance with Article 1124 of the Civil Code of the Russian Federation, a will is deemed to have been drawn up correctly and is valid only subject to the following requirements:
- The will of the citizen is recorded on paper. An announcement of his intent only in words remains in the air, even if the words were spoken in the presence of authorized witnesses.
- A will is not necessarily certified by a notary. In medical institutions, a doctor can act as a reassuring officer, a captain can act as a witness, and the last will in relation to money can be expressed to a bank employee.
- It is important to record the day, month, and year, as well as the place where the paper was drawn up, last names, first names, and other information about the witnesses.
- The document must be signed by the testator. In rare cases, when a person’s disease, injury or illiteracy prevents him from signing, a hand-clerk is invited.
Violation of any of the rules for the preparation of paper cancels the will.
Grounds for cancellation of a will
After the last will of the deceased voiced by a notary, it is possible to express their disagreement. It is possible to influence the distribution of property through the recognition of a will invalid. There are two ways to cancel a document:
- Sue. This method requires good reason, because simple typos or other errors that do not entail a serious distortion of the meaning of the will will not lead the judge to disagree with the text of the will.
- Prove the nullity of the will. Violation of the Civil Code of the Russian Federation or the legitimate rights of the heir will become a significant reason, without waiting for the outcome of the trial, to turn the provisions of the last order of the relative in their favor.
The nuances of invalidating a will
If the heir is not satisfied with any particular part of the will, you can challenge it only, without affecting the main text of the document. At the same time, the meaning for the remaining participants of the will does not change and there is no violation of their rights. Legally, this can only be done if the wording of the will as a whole does not depend on the objectionable part.
Drawing up a lawsuit
The following categories of persons can file an application with the court to cancel the will:
- relatives of the deceased, entitled to property according to the letter of the law;
- friends or acquaintances of the testator who relied on part of the inheritance, but the terms of the new document deprived them of their privileges;
- government bodies receiving tangible property in the absence of the first two representatives.
Defendants in a statement of claim declaring a will invalid are those who must accept the inheritance according to the will of the deceased, or those who have already entered into the rights of the owner, for the lack of the former responsibility lies with the notary. A third party engages an authorized person who certified the will. He, as already mentioned, may be a notary public, a doctor, a ship's captain or other person.
General requirements for a lawsuit
A well-written document will not only facilitate the matter, but also create a good impression of the plaintiff. The structure of a correctly drawn up claim includes:
- an indication of the name of the court to which the document will be sent;
- surname, name, patronymic and actual address of the testament requiring revision;
- details of the representative of the legitimate interests of the plaintiff;
- the name of the claim itself (in this particular case, it will be a statement of claim declaring the will invalid);
- introduction, talking about the problem of the heir, whose rights are infringed;
- a detailed statement of the circumstances on which the problem lies;
- justification with the legislative base and references to the literature regulating such cases;
- a conclusion with a clearly expressed position and petition for consideration of the case in favor of the plaintiff;
- inventory of additional mandatory securities.
Psychiatric examination
The motive for the recognition of a will is invalid, including the degree of mental health of a person who bequeaths his property. To establish whether a relative was in his right mind at the time of signing the important papers can be posthumously.
During the study, the expert commission interviews the relatives and neighbors of the deceased, checks the records in the narcological and neuropsychiatric dispensaries. Establishment of the fact of a relative's legal incapacity gives grounds to sue with a lawsuit to revise a will.
Such a procedure can only be carried out if there are a sufficient number of arguments.
Proceedings invalidating a will
Legal heirs, punished or infringed on their inheritance rights, often go to court with a request to restore justice. Invalidation of a will in court is a rather lengthy process. In order not to lose precious time, it is best to file a lawsuit immediately after the opening of the inheritance. The field after the instructions of the deceased are announced, according to the law, the heir has a year to appeal. But in this case, delaying a lawsuit can play in favor of competitors. It takes six months to accept an inheritance, and it takes very little time to dispose of a house, a land plot, a car or a summer house under prior arrangements.
A statement of claim on behalf of the heir may be filed by a lawyer. If the case on the recognition of the will invalid does not apply to real estate, it will be considered at the place of residence of the plaintiff. Issues of transfer of ownership of real estate are resolved in the village where this property is located.
A counterclaim also takes place, and its consideration will take place simultaneously with the first. The court has the right to make decisions and satisfy the requirements of both one of them and partially of each of the claims.
Rules for consideration of applications for recognition of a will invalid
Judicial practice is rich in cases of unfair behavior of relatives of the deceased. It is not uncommon for cases when, having left the grandfather or father to the will of fate and the care of his neighbors, careless grandchildren and children are suddenly announced in order to receive their share. The strict procedure for declaring a will invalid is a detailed study of the case file, as well as the weighing of all arguments that do not agree with the testator's instructions.
All picky comments about the signature in the will, verification of the relevance of notary documents, the legality of the will made, an attempt to identify pressure on the testator, clarity of his mind. All factors that can influence the decision of the judge are taken into account.
Limitations on the termination of wills
From the moment of opening the inheritance, deprived relatives have a chance to rectify the situation. It all depends on the strength of the arguments that they will prepare as evidence of their innocence.
In the case of a contested will, action must be taken quickly. Exactly one year will be allotted for drawing up a claim and collecting a package of documents. If the last will belongs to the category of insignificant, that is, easily refutable, the plaintiff has ten years to compile a petition.
An appeal to appeal the court decision on the suit of the disgruntled heir is filed within one month from the day the results of the case are announced.
Consequences of invalidation of a will
The result of the efforts made to level the influence of the will on the distribution of the so-called wealth of the testator will be one of the scenarios:
- The letter of the law and the order of succession will enter into force. This state of affairs is very beneficial if a person was in close relationship with the deceased and has every right to claim a share, or even all of the property.
- The conditions of the will will remain the same, with the exception of the more inactive, separate part, about which the hearing was held.
In order for a will to be declared invalid, you need to work hard. It is better if all the work is done by a lawyer or a hired lawyer. To date, there are a large number of offices and agencies in all cities that are ready to provide legal services in a high-quality and affordable cost.