Legal services for challenging a will by lawyers and lawyers Vector Prime

A will is an official document that states the testator's last wishes regarding his or her property. The will comes into force only after the opening of the inheritance case (the death of the testator).

According to the law, the testator in the will has the right to independently determine to whom and in what shares the property will be transferred after his death. Often, after the opening of an inheritance case and the publication of a will, relatives express their disagreement with the will of the author of the document. This may be a reason to challenge the will. In addition, the act may be declared invalid in case of violation of the norms established by civil law.

Whatever the reason, a will is contested in court. It is recommended to seek the help of a lawyer. You can get a free consultation with a specialist in inheritance matters in our company. Call the phone number provided or write to us in the special window.

Challenging a will under the law

Issues of challenging a will are regulated in Art. 1131 Civil Code of the Russian Federation. In accordance with this normative act, in case of violation of the provisions of the law, a will may be declared invalid by a court decision or regardless of such a decision.

To challenge a will, the interested party must file a lawsuit in court after the opening of the probate case. There needs to be a good reason for this.

The basis for a challenge cannot be a clerical error or any minor violation of the procedure for drawing up, signing or certifying a document. It is important that the will of the testator is not understood ambiguously.

The law allows challenging not the entire will, but only part of it or individual orders. Invalidation of a specific order does not invalidate the entire document from the point of view of legislation.

The power of a will and who can challenge it

For the will to enter into legal force, it is necessary to submit an application to a notary to open an inheritance case. After this, the text of the document is read out, and the heirs are notified of the testator’s last will. The act is valid until the contrary is established.

The list of those who can challenge a will for inheritance is established in Art. 1131 Civil Code of the Russian Federation. Such persons include those whose property rights were infringed as a result of writing a declaration of will. In other words, an outsider will not be able to file a lawsuit (for example, concerned neighbors).

Typically, claims to challenge the testator's last will are filed by close relatives or spouses - those who could claim to receive property in the absence of a will. The vast majority of such legal proceedings are initiated by first-degree heirs.

Let's give an example. A man has died who, during his lifetime, made a will in favor of his partner. According to his will, she received an apartment and a dacha. The testator's daughter, when inheriting by law, would be the only heir of the first stage. She has the right to apply to the court to annul the will, since she is interested in this. But, let’s say, her maternal aunt will not be able to file a claim, since her property rights were not violated in any way.

Often, a claim is filed in court by the spouses of the testator in cases where he bequeathed property without the consent of the husband/wife. The fact is that citizens do not take into account the fact that everything that is acquired during marriage through paid transactions is the joint property of the spouses and is divided in half. In simple terms, the husband cannot bequeath the entire apartment to anyone, since by law he only owns 50% of this property.

When going to court, it will be necessary to prove that in the absence of a will, the plaintiff would have the right to receive the inheritance. Documents used as evidence are a birth certificate, a certificate from the registry office, a marriage certificate, etc.

When is it not necessary to restore the deadline?

Not all cases will require going to court. If other heirs have already registered ownership, and the successor really did not know about the death of the deceased, then he can agree with them on a voluntary redistribution of property.

Algorithm of actions:

Contact the heirs who formalized the inheritance.
Provide evidence that the court will restore the deadline for accepting the inheritance.
Contact a notary together.
Submit an application to be included in the list of heirs.
Get new evidence.

On the one hand, the legal successors who registered the inheritance incur additional costs for re-registration of the property (at the State Traffic Safety Inspectorate, at Rosreestr). But if they go to court, they will be charged with paying the state fee and the plaintiff’s costs for a lawyer. But the property will still have to be re-registered. Therefore, if there is strong evidence that the missed deadline is valid, it is advisable for other heirs to agree to the redistribution of property on a voluntary basis.

Example. Katerina, Victor and Anton were supposed to inherit according to the will. But Katerina was on a business trip in another country, so she could not contact a notary in a timely manner. Victor and Anton registered ownership and divided the property. Returning to the country, Katerina turned to a notary. He sent her to court to restore her sentence. But the woman turned to Victor and Anton. She explained that when they go to court, all legal costs will be collected from them. Therefore, she offered to divide the property voluntarily. The men turned to the notary with an application to include Katerina among the heirs. The notary canceled the issued certificates of inheritance rights and issued new ones for 3 heirs.

Is it permissible to challenge a will before the opening of the inheritance?

According to the law, challenging a will before the opening of the inheritance is not allowed. The opening of the inheritance occurs after his death or recognition as missing in court. This is explained by the need to maintain the secrecy of the will.

The testator is not obliged to notify other persons about what he wrote in the document and what his will is regarding the property. He can do this at will, but he has no obligation to notify the heirs.

After the death of the testator, the will can be issued to the heirs, whose names are indicated in the text of the document. A testamentary act is granted only on the basis of presentation of a certificate of death of the testator.

Everyone who participated in its execution is required to keep the secret of the will:

witnesses;
notary;
translator;
a person who has the right to sign the act instead of the testator for objective reasons;
executor;
the person certifying the will instead of a notary (for example, the captain of a ship, the chief physician of a medical institution, the commander of a military unit, etc.).

Administrative liability is provided for failure to maintain the secrecy of a will.

Accordingly, since no one knows about the contents of the document, challenging it before the opening of the inheritance case is impossible.

Notary explains (inheritance)

March 21, 2012 You need to be able to register an inheritance correctly and quickly

Practice confirms that this topic does not lose its relevance, especially if a dispute arises between heirs. One person receives an inheritance under a will, others consider this unfair and are ready to defend their interests right up to the court. There are also other everyday “dead ends” that one must be able to overcome with honor. To do this, you should remember some basic rules for registering inheritance and receiving it. Here are the most frequently asked questions from citizens.

How to become an heir

“A loved one has passed away, and there is a need to move on to the procedure for registering an inheritance - where to start?” - First of all, the inheritance must be accepted. To do this, you need to contact a notary at the place where the inheritance was opened (where the deceased citizen lived) and submit an application to accept the inheritance within 6 months. According to the law, accepting an inheritance is a citizen’s right, but not his obligation. The citizen can draw up the text of the application personally or entrust it to a notary. Important: even if you don’t know whether there is a will or not, or only assume its existence, or heard from someone about its preparation, in any case you should contact a notary with this application within 6 months. Missing this deadline has negative consequences for a potential heir: in order to formalize his right, he will have to restore the deadline for filing an application in court or ask his relatives to include the “latecomer” in the circle of heirs. Acceptance of an inheritance can occur not only by submitting an application to a notary, but also by actually taking possession of the inherited property. In other words, by your actions you confirm that you accept the inheritance. For example, there is an apartment that should be inherited - the citizen takes on all the troubles of protecting and maintaining this housing, pays utilities, debts of the testator, etc. - that is, with all his appearance he proves the fact that he accepted it inheritance. In this case, it is, of course, not necessary to write an application for acceptance of the inheritance, but you will still have to come to the notary to apply for a certificate of ownership of the inheritance and present to the notary documents confirming the fact of acceptance of the inheritance.

What documents are needed to register an inheritance?

— To obtain a certificate of the right to inheritance, whether inheritance by will or by law, it is necessary to provide the notary at the place of opening of the inheritance with documents that are the basis for calling for inheritance - first of all, this is the death certificate of the testator, issued by the registry office. It is also necessary to submit documents confirming the relationship or relationship between the heir and the testator (birth certificate, certificate of change of surname, marriage, etc.). If such documents are missing or their data differs, then you will have to resort to a judicial procedure to establish the fact and degree of relationship. Documents are provided confirming that the property belonged to the deceased testator on the day the inheritance was opened. These can be documents establishing the right and confirming the right - for inheritance, for example, residential premises, houses, land plots that belonged to the testator. The notary will explain in detail to the heir where, to which authority he needs to go and what document to receive. During the process of registering an inheritance, the heir will need to determine the value of the inherited property. When inheriting a deposit in a savings bank, you must provide the testator's savings book. It is the duty of the notary to advise the heir in detail regarding all the details of the process of registering an inheritance by law or by will.

What to do if a citizen missed the 6-month deadline for submitting an application to a notary to accept the inheritance - the heir did not know, he was not informed about it in time, or, for example, he was sick?

— If this happened due to objective reasons, in this case, judicial procedures are provided for restoring the period for accepting the inheritance, recognizing the heir as having accepted the inheritance. In the case of real ownership of inherited property - for example, the heir maintains the testator's house - this fact is certified by the court after a legal assessment of the documents and other evidence presented by the heir in the case. Let us emphasize once again: missing the deadline for accepting an inheritance is extremely undesirable - its restoration in court is possible only if the reason for this was valid. That is, if a person has not gone to the notary due to laziness for six months (the period, you see, is quite realistic to come to terms with the loss of a loved one and consider his actions regarding accepting the inheritance), then he may be left without an inheritance. And then the right to inherit passes to the next heir, of whom, let us recall, according to the law there are 8. What if there are no other heirs? In the absence of such, the property is considered escheated and becomes the property of the state.

How long are wills kept by the notary?

- They are stored permanently. In the event of resignation or death of a notary, his archive is transferred to another notary, and after the expiration of the storage period, it is transferred to the state archive.

How does a notary know that the testator has died?

- Only from heirs. Such information does not reach notaries either from the registry office or from law enforcement agencies - therefore, the heir who knows that an inheritance has appeared and assumes that there is an inheritance must independently take measures to discover and register it. The notary notifies only the heirs whose place of residence is known to him about the opened inheritance.

In the movies you see how a notary opens an envelope and reads the will to the heirs - is this practiced here?

— Such a will is called a “closed will.” In Novosibirsk and the region it is practiced extremely rarely. Its essence is as follows: a citizen draws up a will in writing, seals it in an envelope, which is handed over to a notary for safekeeping - until a certain time. After the death of the testator, the notary opens the envelope and reads out the text of the will in the presence of heirs, witnesses and other persons provided for by law. The disadvantage of this form of will is that the testator may make a mistake when drawing up a will and violate the legal requirements for the execution of the document, which can then affect the execution of the will.

Can a citizen, a potential heir, obtain information from a notary regarding the contents of the will that his relative has drawn up?

— A will is a document that comes into force only after the death of the testator and, in accordance with the law, the notary has no right to disclose information about the very fact of drawing up the will, nor its date, nor its contents to anyone. Therefore, no one will talk to you about this topic without presenting a death certificate.

I am interested in the question about the “obligatory share”: when registering an inheritance under a will, I do not have the right to deprive other relatives of a share in the inheritance, whose status is defined by law as socially needy?

— The civil legislation of the Russian Federation provides for complete freedom to draw up a will by any capable citizen, which has the only limitation - the requirement for a compulsory share in the inheritance, the right to which has a certain category of persons defined by law - these are disabled spouses, parents, minors and disabled children of the testator, as well as disabled dependents. Neither the testator, nor the heirs under the will, nor the notary, nor the court can “bypass” this category of citizens in the inheritance - the law guarantees them to receive their obligatory share in the inheritance.

Do the testator's debts also pass along with the inheritance?

— The composition of inherited property includes both the property itself and property rights. For example, if the testator has entered into an agreement for shared participation in construction, but the apartment has not yet been put into operation, then the rights and obligations are also inherited. Debts are also inherited. Often heirs refuse inheritance precisely because the testator's debts exceed the amount of inherited property that they could receive. But at the same time, you need to know that the heir is liable for the debts of the testator only to the extent of the value of the property that he receives. That is, if the inherited property is valued at 300 thousand rubles, and the debt is 1 million, then the debt will be repaid only within the value of the inherited property - 300 thousand rubles.

Is it possible to refuse an inheritance?

- Yes, you can. Often a citizen ignores the fact of opening an inheritance, does not contact a notary - and then the share of the inheritance due to him is automatically distributed equally among the remaining heirs. It happens that a citizen wants to renounce in favor of one of the heirs, and then the latter’s share increases. But this must be an active refusal: within 6 months from the date of death of the testator, the citizen must hasten to declare the refusal in favor of another heir.

What if a citizen wants to inherit only the best part of the inheritance?

— Inheritance in the Russian Federation is universal, the law requires: either a citizen accepts the entire inheritance, or refuses everything. It is not allowed to choose something more valuable from the inherited property.

What age categories of citizens most often turn to a notary with a request to certify a will?

“Unfortunately, in most cases, people agree to make a will when their vitality has already left them. At the same time, the initiators of calling a notary to the home of a seriously ill person are, as a rule, relatives. Therefore, notaries often refuse citizens the service of drawing up a will at home, since the condition of the testator raises doubts that the elderly person understands well what is happening around him. Recently, a trend has been emerging in Novosibirsk for quite young and successful people to make a will. Let us note that the testator can change a will certified by a notary as many times as he wishes, or cancel it completely.

What can you bequeath to your descendants?

— Any movable and immovable property, property rights and copyrights. Pets are not considered by law as the object of a will.

Reasons for challenging a will

The grounds for challenging a will after the death of the testator may be general or special. Common reasons include the following:

the testator could not be aware of the actions being performed due to the presence of a psychological disorder;
the testator suffered from senile dementia;
the will was drawn up while under the influence of alcohol or drugs;
the text of the document does not correspond to the actual will of the testator;
the document was formatted inappropriately.

Special grounds for challenge include:

making a will under pressure or threats;
drawing up a document with gross errors (for example, there is no signature of the testator);
the document was drawn up by a group of persons, and not just the owner of the property;
the authorized person did not have the right to certify the testamentary act;
the signature was forged and this fact was proven;
the heir specified in the will is declared unworthy by a court decision.

Proving the existence of these circumstances is often difficult. A medical examination and witness testimony may be required. A competent lawyer will prepare an evidence base and do everything possible to win the case.

Please note that minor clerical errors, typos and errors in design cannot become a reason for challenging and invalidating a will.

Consequences of missing the deadline for accepting an inheritance

Since the validity of a will after the death of the testator is limited to 1/2 year, the heir should declare himself as soon as possible. The fact is that if you miss the deadline, you will have to prove your right to inherit property under a will.

If the heir does not contact the notary in a timely manner, the inheritance will be distributed among the heirs according to the law of the corresponding line of inheritance. Among the first to claim the property of the deceased are:

legal spouse who survived the deceased;
children, and if they die before the testator - his grandchildren;
parents.

Brothers and sisters, grandparents are called upon to inherit in order of the second priority and only if none of the primary heirs has declared themselves.

There are 7 inheritance queues in total. And if none of the heirs legally applies for the inheritance, or is deemed unworthy, or for other reasons does not accept the inheritance, the property of the deceased will go to the municipality as escheat (Article 1151 of the Civil Code of the Russian Federation).

Of course, the heir under the will will be able to claim his rights to the property by judicially restoring the period for accepting the inheritance. But even if the court recognizes the pass as valid, problems cannot be avoided.

The heir under a will has the right to claim the property due from the heir who received the inheritance within the framework of the corresponding line of inheritance. But if he sells the property, then it will no longer be possible to return the apartment or land plot. The new owner is considered a bona fide purchaser, and therefore is not obliged to return anything.

If an apartment or other real estate has been transferred to the municipality, it will be returned provided that it has not yet been transferred to new residents under a social tenancy agreement. If the contract has already been drawn up, then nothing can be done.

Therefore, the heir under the will will have to demand compensation, the amount of which is determined by the market value of the property at the current moment. But this does not mean that you will be able to quickly receive the required compensation. Such enforcement proceedings last for years.

How to challenge a will

Disputes regarding the validity of a will are heard in court. The challenge process follows the following algorithm:

Determining the basis for the challenge.
Collection and preparation of evidence that will confirm the existence of grounds for challenging.
Drawing up a statement of claim. Determining the judicial authority where the claim should be filed.
Payment of the state fee for going to court. Details can be found in the office or on the website of the judicial authority.
Filing a claim.
Taking part in court hearings.
Entry of the decision into legal force.

If the decision is made in your favor, after it enters into legal force, you must obtain a certificate of accession to inheritance rights. If you do not agree with the decision in the case, you can challenge it in a higher court.

It is worth trying to resolve the issue with the heir under the will peacefully. Perhaps you will be able to negotiate and come to a compromise. In this case, an agreement is drawn up and certified by a notary.

An heir who has received property illegally may try to dispose of it. For example, sell. To ensure the safety of the inheritance, it is necessary to send a corresponding application to the court. In such a situation, the court imposes an arrest until all circumstances are clarified.

After the will is revoked, in most cases, the persons named in the document will be able to participate in the distribution of the inheritance by law or on the basis of another will recognized as valid.

Validity period of the certificate of inheritance right

Do not confuse a certificate of inheritance with a certificate of ownership. These have already been canceled or, more precisely, replaced by extracts from the Unified State Register of Real Estate. And besides, they assumed the accomplished fact of registering the property in the name of the new owner.

A certificate of inheritance is not a final document. You will just have to contact the registration authorities with it. This certificate has no statute of limitations, just like a will. However, property passed by inheritance cannot remain in limbo for a long time. Sooner or later, government agencies will face the question of appointing an owner. Therefore, you should not delay registration.

Claim to contest a will

Cases of challenging a will are heard by courts of general jurisdiction. The claim must be filed at the place of residence of the defendant. In cases where the claims relate to real estate, the case is considered at the location of such property.

The claim is drawn up according to the requirements set out in Art. 131 Code of Civil Procedure of the Russian Federation. The text must include:

identification data of the plaintiff and defendant - full name, residential address, contact information;
identification data of the testator;
essence of the dispute;
grounds for invalidating a will;
the cost of the claim (the estimated value of the disputed property);
claim to court;
list of attached documents;
date and signature of the plaintiff.

It is important to correctly draw up a statement of claim, since otherwise the court may refuse to open proceedings. It is advisable to contact a lawyer for assistance in registration. Correctly drafting a claim will increase the chances of winning the case.

There is no established list of documents for filing a claim. Papers are prepared depending on the situation. The list includes:

general passport;
death certificate of the testator;
documents confirming the degree of relationship with the testator (they also serve as the basis for going to court) - birth certificate, marriage certificate, certificate from the registry office;
witness statements;
letters and correspondence of the testator with other persons, if they are relevant to the case;
documents from medical institutions;
results of the examinations carried out;
other papers.

If necessary, you can request the necessary documents through the court. For example, a judicial authority can make a request to Rosreestr to find out what property is owned by the testator.

Basic requirements for a will

There are certain requirements for the execution of a testamentary document. The rules for its preparation are reflected in Art. 1124, 1125 Civil Code of the Russian Federation. It also provides the procedure for challenging the case and the statute of limitations. The validity period of the will itself is not specified, which allows it to be considered indefinite.

Compliance with the requirements for the form and content of the document is a prerequisite for recognizing it as valid. Therefore, when making a will, it is better to seek help from a professional lawyer.

Key aspects to cover:

A complete list of heirs indicating the names and degree of relationship, full name, place of residence and registration.
Information about the testator: his full name, date of birth, passport registration and actual place of residence.
A list of all property that is inherited. If the testator does not indicate what property will be allocated to each of the heirs, it is by default subject to division into equal shares.
Current date and signature of the testator.
Notarization in the form of signature and seal.
In a closed will, when the notary does not know about its contents, the signatures of witnesses are placed on the envelope. The notary places it in another envelope, on which he indicates the place and date of acceptance of the document, information about witnesses.

A mandatory requirement is the presence of a notary's signature indicating the authenticity of the document, since without it the will has no legal force. However, there are exceptions to this rule, specified in Art. 1125 (clause 7), art. 1127 (clause 2), art. 1128, Art. 1129 of the Civil Code of the Russian Federation. An official of local government bodies or the consulate of the Russian Federation can perform notarial acts if this is confirmed by law. Also, wills that have the signature of the following persons are considered notarized: the chief or duty doctor in the hospital; the head of a home for the disabled or a nursing home; captain of the ship; expedition leader; head of a military unit; the head of the place of deprivation of liberty; bank employee, if the testator disposes of the cash deposit. In this case, the presence of the testator and a witness is necessary, who also sign the document. In extreme circumstances, the will can be signed in person in the presence of 2 witnesses.

It is not necessary for any of the relatives to know about the existence of a will and its contents. All persons who took part in its preparation and signing do not have the right to disclose information regarding the document.

How to challenge an inheritance without a will

To challenge an inheritance without a will, you will need to go to court. This is the only way to establish the legality of inheritance. For this to happen, you need to follow the algorithm:

Compliance with deadlines for filing a claim.
Preparation of documents confirming the existence of grounds for challenging the inheritance.
Filing a claim in court.
Taking part in the trial.
Obtaining a court decision.
Contacting a notary office to cancel a previously issued certificate of accession to inheritance rights (if the court decision is positive).

It is important to consider the statute of limitations for all inheritance cases. As a general rule, it is three years, but in some cases this period may increase or decrease. It all depends on the grounds for challenging the inheritance in court.

The limitation period begins on the day the inheritance case is opened. However, in some situations, the heir learns that his rights have been violated much later. Then the period will be counted from the moment he is informed about it. For example, this can happen if the heir is outside the country and for some reason it is impossible to contact him.

Regardless of the grounds for filing a claim, it is necessary to adhere to the legal standards adopted by law. In accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation, the claim must contain the following information:

name of the judicial authority to which the application is submitted;
details of the plaintiff and defendant;
a description of the circumstances under which the plaintiff’s rights were violated;
evidence of circumstances;
claim;
the cost of the claim, if the valuation is required by law;
list of attached documents;
date of filing the claim;
plaintiff's signature.

The claim is filed at the place of residence of the defendant or at the location of the real estate about which the dispute is initiated. However, if the matter concerns issues of actual inheritance or establishment of other legal facts, it is necessary to apply at the place of residence of the plaintiff.

Peculiarities of registering wills with a notary.

A notary certifies wills only of legally capable individuals.

A will is drawn up in writing, indicating the place and time of drawing up the will, the date and place of birth of the testator, and must be signed personally by the testator.

The notary checks whether the will contains orders that contradict current legislation.

During the process of drawing up a will, the notary will explain to the testator that the text of the will must be written in such a way that the testator’s order does not cause ambiguity or disputes after the opening of the inheritance and does not prevent the heirs from receiving a certificate of the right to inheritance.

When certifying a will, the testator is not required to provide evidence that confirms his right to the property that is bequeathed.

The testator has the right to revoke or make a new will at any time. A will that was drawn up later revokes the previous will in whole or in the part in which it contradicts it. Each new will cancels the previous ones and does not renew the will that the testator made before him.

The will must be submitted to the notary by the testator personally. Certification of wills submitted through a representative or by proxy is not permitted.

Sources

Yuri Fedorovich Bespalov Commentary on the Family Code of the Russian Federation (article-by-article scientific and practical); Prospect - M., 2003. - 816 p.
Kuzmin, V.A. A textbook for secondary educational institutions on criminal law / V.A. Kuzmin. - M.: Scientific book, 2009. - 604 p.
Chernyavsky A.G. Legal responsibility. Basic approaches in modern science: materials of the round table; KnoRus - M., 2021. - 705 p.
Rules for recreational fishing in reservoirs of fishery importance in the Yaroslavl region. Reference book; Publishing solutions - M., 2021. - 420 p.
Yulia Viktorovna Gracheva Judicial discretion in criminal law. Tutorial; Prospect - M., 2002. - 680 p.

Time limits for challenging a will

The statute of limitations for challenging a will is the time period during which a person whose rights have been violated has the right to go to court to obtain protection. The statute of limitations will depend on the basis for the challenge. This is provided for in Art. 181 Civil Code of the Russian Federation.

Thus, you can file a lawsuit and challenge a will within the following time:

three years if the requirements relate to the application of the consequences of the invalidity of a void transaction and its recognition as invalid;
one year upon request to recognize a voidable transaction as invalid, as well as to apply its invalidity.

The calculation of the period begins from the moment when the interested person learned about the violation of his rights and interests.

Is it possible to challenge inheritance?

It does not matter under what order of inheritance the dispute is carried out. The procedure always follows the following principles:

The notary does not have the authority to resolve disputes. Only the court deals with annulment.
To confirm your position, you will need to provide evidence and necessary documents.
Cancellation is only possible on legal grounds.
Initiation of a case is permissible only by interested parties, that is, legal heirs.
After a positive decision is made in the case, the property is distributed among all heirs whose rights are not disputed.

Cancellation is carried out upon entry into inheritance rights under a will. If the document loses legal force, the property is distributed among the legal heirs.

An analogue of annulment upon entry into inheritance under the law will be the recognition of the heir as unworthy. If there are several heirs, a separate procedure is carried out for each of them. When the heirs of the first priority are deprived of their rights, the opportunity to receive property arises for the representatives of subsequent priority.

Do I need to register property if there is a will?

The specifics of receiving the testator's property are regulated by Article 1152 of the Civil Code of the Russian Federation. The regulatory legal act applies to all recipients, regardless of the grounds on which they want to receive the property. The fact is that a will is just an order from the owner regarding his property. The transaction is considered one-sided. Therefore, legally significant actions must be agreed upon with the legal successor.

The fact is that in addition to the benefits, the following are inherited:

accumulated debts;
loans and mortgages;
other obligations of the testator to be transferred.

In order for a person to inherit, there must be a valid will and there must be no reason to deem the heir unworthy. Additionally, you must comply with the established deadlines for filing an inheritance application. In practice, you may encounter problems related to a will. They usually arise if there are gross violations of the law or there is no information about the location of the document.

A will may be invalidated in the following situations:

the paperwork procedure was violated;
the document was drawn up by an incompetent testator or a person suffering from mental disorders;
the paper was drawn up under physical or moral influence from others.

If at least one of the listed conditions is present, the will is considered void. The procedure is carried out in court.

Gift deed or will: what cannot be challenged

According to the law, both a deed of gift and a will can be challenged. This right is ensured in civil legislation. However, in reality, achieving such a court decision is equally difficult. The interested party will need to provide irrefutable evidence that their rights were infringed and that the current heirs took possession of the property or the right to receive it illegally.

The deed of gift may be canceled in the following cases:

the donee made an attempt on the life of the donor or members of his family, inflicted physical injury on any of them;
the donee killed the donor - in this case, the relatives of the donor will be able to cancel the gift agreement in court;
the new owner treated the received property carelessly, while for the donor it was of particular intangible value;
the organization or individual entrepreneur issued a deed of gift within six months before the official declaration of bankruptcy;
at the time of registration of the deed of gift, the owner of the property was under the influence of alcohol or drugs, was ill, was experiencing serious psychological trauma, or could not be held accountable for his actions for other reasons.

If we talk about a will, then the reasons for declaring it invalid lie in the condition and actions (inactions) of the testator. Such reasons may arise when, during the execution and signing of a will, the owner disposing of his property:

was in a limited capacity by a court decision or due to not reaching the age of majority and signed the transfer of inheritance without the consent of legal representatives (guardians or parents);
was subjected to physical violence and threats;
could not control his actions and did not realize what exactly was happening;
was mistaken regarding the circumstances that played a decisive role in his expression of will;
expressed illegal and immoral provisions in the document;
was not present when the will was drawn up and signed;
called for the signing of the document by witnesses whose characteristics are considered unsuitable as a matter of law.

Many citizens confuse a will and a deed of gift, but from a legal point of view, these documents are completely different. First of all, the difference lies in the fact that the recipient always knows about the gift, since in the text of the deed of gift he expresses his consent to accept the gift. When drawing up a will, the testator is not obliged to inform the heir of his decision. Most often, he learns about the transfer of property only after the opening of an inheritance case - that is, after the death of the testator.

The second difference is that a will can only be challenged after the death of the testator. If we talk about the deed of gift, it is disputed at any time.

What is more difficult to challenge – a will or a deed of gift? Speaking from the point of view of jurisprudence, there are more grounds for recognizing a will as invalid than for recognizing a gift as such. In addition to general civil norms, wills are additionally subject to special norms of Chapter 62 of the Civil Code of the Russian Federation.

The grounds for invalidating a gift agreement are only general civil ones, as well as those provided for in Chapter 32 of the Civil Code of the Russian Federation. In addition, if the property becomes the property of the gift recipient, it cannot be included in the donor's estate.

However, heirs may doubt the validity of the deed of gift and file a lawsuit to challenge the transaction and include the property in the estate. But, if we consider judicial practice in such cases, it is extremely difficult to achieve satisfaction of the claim.

Whatever the reason, it is almost impossible to invalidate a deed of gift or will without the support of an experienced lawyer. You can consult with inheritance lawyers about the prospects of your case. To do this, call the indicated phone numbers or write to us.

When a will is promulgated after the death of the deceased

The registration of the citizen's last will takes place at the notary. In exceptional cases, other persons can also record the last will. Once the grounds for distribution of shares in the property of the deceased have arisen, the procedure for receiving an inheritance begins to apply. It is enshrined in law and represents a certain procedure. It involves the successors who are indicated in the last will and the notary himself.

The procedure for obtaining shares includes several stages and is a one-sided transaction. One of the stages of this transaction is the reading of the will by a notary.

The announcement of a closed will is carried out by a notary according to the same rules. The main thing in this process is to check the presence of seals on the envelope and the signatures of two witnesses. Such measures are designed to prevent possible manipulation of the document and distortion of the last will. After all, a closed document has its own specific characteristics.

The main feature of a closed order is that the text of the document is not known to anyone. When drawing up the last will, the text of the document was prepared initially and no one was familiar with it. The paper is placed in an envelope in the presence of two witnesses. The envelope flaps are equipped with seal impressions. And on the envelope itself the signatures of witnesses are affixed.

Challenging a will by first-degree heirs

The heirs, whom the legislator classifies as first priority, have the greatest interest in challenging the inheritance if the testator has decided to dispose of the property not in their favor. First priority heirs include the testator's mother, father, husband, wife or children. They would definitely have received ownership of the property if it were not for the will, so they have the right to go to court.

When there are no heirs of the first stage, the most interested persons are those who belong to the second stage. If there are none, the will may be challenged by subsequent heirs. This is in theory. In practice, a challenge can be initiated by any person who has conclusive evidence of their right to inheritance.

In addition, the law defines persons who cannot be deprived of the right to receive an inheritance even if they were not mentioned in the will. Such persons include:

Dependents of the testator, even if they are not his relatives (for example, a spouse who has lost the ability to work), as well as relatives by blood (grandmother, parents, grandfather, etc.).
Disabled adult children (including adopted children).
Children under the age of majority.

It is important to take into account that if at the time of opening the inheritance case the husband and wife were divorced, the surviving spouse will not have the right to a share in the inheritance. This same category of persons includes cohabitants or, as they are commonly called, “common-law husband or wife,” since the legislation of the Russian Federation recognizes only official marriage registered in the registry office.

Relatives can file a claim and challenge the will in the following situations:

they suspect that the testator was subjected to moral or physical pressure when formalizing his will regarding the property;
the testator was declared legally incompetent during his lifetime;
the will was drawn up under the influence of external factors;
the document was drawn up under dictation by a third party;
the legal form of the will was violated or the document was incorrectly certified by a notary.

First priority heirs can challenge the will even after it comes into force. In this case, a statement of claim is filed, which explains why the plaintiff believes that his rights have been violated. The claim must be supported by documentary evidence. For example, if the testator was incapacitated, a medical certificate will be required.

It is best if a competent lawyer who has already participated in similar cases more than once and has practical experience in resolving such issues is present at the meetings. The lawyer will study the circumstances and draw up theses for use in court. If necessary, the expert will prepare an evidence base and make requests to the necessary institutions to obtain documents, and will also attract witnesses.

Customer Reviews

Gratitude from Soboleva E.P. I would like to express my deep gratitude to Vasily Anatolyevich Kavaliauskas for his literacy, consultation and attention to the client who found herself in a difficult situation; as well as wonderful, sensitive administrators. I wish the company prosperity and good clients.

Sincerely, Soboleva Elena Petrovna. September 19, 2018

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Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.

Gratitude from Busygin A.I. I express my gratitude to Vasily Anatolyevich Kavalyauskas for the qualified management of my case, competent advice and justification for the decision, which led to compensation of the stated claims.

Sincerely, Busygin Alexander Ivanovich

26.12.2017

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Volkotrub Yuri Vasilievich

Review by Marcheilo I.V. On September 24, 2021, I turned to Konstantin Vasilievich for legal advice. I would like to express my gratitude for your sensitive, attentive attitude and qualified assistance. I received a comprehensive answer to all my questions. They helped a lot. Thank you! Sincerely, Marcheilo Irina Vladimirovna.

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Kolesnikov Alexander Nikolaevich.

Position: Head of the Metro Implementation Sector

PS: Before your company, I contacted 5 companies on this issue and received unclear answers.

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Gratitude from Antonov Arkady I, Antonov Arkady Shanobich, turned to the Legal Agency of St. Petersburg for help due to the fact that when concluding an agreement for spinal treatment with Medstar, I was actually deceived in the cost of treatment and more. During the process of drawing up a treatment contract with me, no one explained to me that the treatment would be carried out using credit funds; the amount of treatment was constantly changing. My requests to be given longer time to familiarize myself with the procedures and consultations at their price list were refused. That is, there was actually pressure on the client. At home, when I carefully read the entire document, I realized that I had actually been deceived about money and treatment time. On October 30, 2018, I applied for legal assistance from the Legal Agency of St. Petersburg regarding the termination of the contract for treatment at Medstar and the termination of the loan agreement from Alfa-Bank. My case was handled by Denis Yurievich Stepanov, all issues were resolved very quickly and I was informed about all situations. I would like to thank Stepanov D.Yu. and all lawyers who work in this agency.

November 21, 2021

Review by Lobova E.I. Dear Lyubov Vladimirovna, I, Evgenia Ilyinichna Lobova, would like to express my deep gratitude to lawyer Yuri Vladimirovich Sukhovarov for the objective, complete, competent consultation on an issue that interests me. As theater begins with a hanger, I cannot help but note the exceptional politeness of the administrator Daria Vladimirovna Kutuzova.

I wish you great success! Lobova E.I.

Cost of challenging a will

An extremely important point when contesting a will concerns the cost of the procedure. To determine how much it will cost to go to court, it is necessary to rely on the provisions of Art. 333.19 Tax Code of the Russian Federation.

In accordance with the provisions of this regulatory act, the following amounts of state duty apply:

the amount of property is not more than 20,000 rubles - the state duty is equal to 4% of the value, but not less than 400 rubles;
the amount of property is from 20,000 to 100,000 rubles - the state duty will be 800 rubles and 3% of the amount exceeding 20,000 rubles;
the amount of property is from 100,000 to 200,000 rubles - the state duty is 3,200 rubles and 2% of the amount exceeding 100,000 rubles;
the amount of property is from 200,000 to 1 million rubles - the state duty is 5,200 rubles and 1% of the amount over 200,000 rubles;
the amount of property is more than 1 million rubles - the state duty is 13,200 rubles and 0.5% of the amount above 1 million rubles, but the amount of payment cannot be higher than 60,000 rubles.

The amount of the claim is indicated by the plaintiff in the statement of claim. It is determined as a result of appraisal work by an independent appraiser.

If the amount does not correspond to the real one, the court has the right to make the necessary adjustments. This figure should not be deliberately overestimated or underestimated.

Additionally, you will need to pay for legal services. Here prices vary depending on the region.

Services of lawyers and advocates	Price
Initial free consultation (up to 30 minutes)	FOR FREE
Consultation in writing	from 2000 rub
Drawing up an application for a court order	from 1000 rub
Drawing up the necessary documents: claims, complaints, requests	from 3000 rub
Representation in court	from 5000 rub
Turnkey legal protection: from claim to victory	from 15,000 rub.
Appeal, defense in a higher authority	from 3000 rub
Assistance in the execution of a court decision	from 3000 rub

Do I have to pay to have a will read out?

To open an envelope with a closed will and read it out, you will have to pay a state fee of 300 rubles. (Article 333.24 of the Tax Code of the Russian Federation). Payment of the fee, as well as expenses for legal and technical services, are borne by the heirs. The tariff depends on the region; all prices can be viewed on the official website of the Federal Notary Chamber. Typically, notary services are paid in the amount of 2,000 - 4,000 rubles. No one is exempt from paying state fees and notary services, even if the heir is the spouse, parent or child of the testator.

Will contest lawyer

Our attorneys and probate lawyers have extensive practical experience in challenging a will. We are ready to provide our clients with full legal assistance and protection.

As part of our cooperation, we provide the following types of services:

consultations in oral and written form;
drawing up the necessary documentation for the court - claims, petitions, objections, etc.;
representation in court and other authorities;
judicial protection;
interaction with a notary;
participation in negotiations with other heirs;
challenging a court decision in higher authorities.

The area of inheritance matters occupies a special place in our company. We are ready to professionally defend the rights and legitimate interests of heirs both under the will and those acting in the order of priority.

To receive legal assistance in matters of inheritance, call us at the telephone numbers provided. You can also write in the specially provided online form, and we will contact you to resolve your legal issue. The initial consultation is free and does not obligate you to anything. We will be happy to help you restore your legal rights!

Advantages of contacting the Legal Agency of St. Petersburg

By becoming our client, you can personally evaluate all the advantages of our work:

highly specialized approach – your issue will be dealt with by specialists whose professional interests include exclusively issues of inheritance law;
expert level of theoretical knowledge and taking into account the latest changes in legislation;
rich practical experience - in our portfolio there is a high probability of cases similar to yours;
comprehensive approach – our lawyers for challenging wills are ready to take on all the necessary actions, so you don’t have to look for additional help;
guarantee of results - we take on only those cases in which we are confident of success;
competitive prices – our offers are available to almost everyone.

15 years of experience in the legal services market

Legal Agency of St. Petersburg was founded in 2004 and has been successfully operating for 15 years

30 experienced specialists

Our team consists of competent lawyers and attorneys with narrow specialization in certain areas of law

10 years minimum legal experience

All consultations are conducted by lawyers with experience in successfully resolving similar situations, which ensures maximum assistance to the client.

91% of cases won

The results speak for themselves - since 2004, 3,756 cases have been won, 5,073 clients have been satisfied, and 874,474,045 have been paid to them

72% of appealed court decisions

We take on cases of any complexity and at any stage of the process, but the sooner you contact a specialist, the more likely a positive outcome of the case is

24 hours on call

We are ready to handle your case from start to finish, accompanying and supporting you throughout the entire process.

Our main goal is to achieve the result required by the client.

Call us or leave your application on the website - and receive qualified legal assistance!