A will is a special document, according to which the ownership of the living space or other object is transferred from the owner to another person subject to the observance or occurrence of certain facts or conditions. With the help of this document, the right to inherit property can be transferred not only to relatives, but also to completely strangers, since this depends only on the will of the testator. Information is important for those who can challenge a will for an apartment, as it is difficult to do, but there are several possibilities.
The will made in accordance with the Civil Code
Chapter 61 of the Civil Code of the Russian Federation talks about the fact that inheritance of property is carried out according to two main branches: according to the law and according to the will. If this happens by law, then only those people who are relatives of the deceased can start owning property. By testament, property can be obtained by any person, since this is just a document that reflects the will of a person. You can write a will in any form, so you need to know whether it is possible to challenge a will if you complain about the form or the procedure for its preparation.
Typically, the writing and certification of the text takes place in the office of a notary public, but in some cases you can do without this official. Another official may put his own signature on the document , replacing the notary public. This can be the head doctor of the hospital, as well as the head of the department, if the last few days a person lives under the supervision of doctors in a medical institution. If relatives suspect or are sure that the will was not drawn up by law, they have the right to challenge it.
Procedure for contesting a will for an apartment
The law provides for the likelihood of anyone who can challenge a will for an apartment. This is possible if it is declared invalid, that is, null and void. Article 1131 of the Civil Code of the Russian Federation indicates that this is possible only after the lawsuit has been examined from the applicant, who considers that his rights are infringed. The hearing takes place in the courtroom. Using this procedure, you can invalidate this document, however, other ways to solve the problem are not provided.
In order for the court to decide on the possibility of contesting the will, it is necessary to provide good arguments and present facts that confirm the illegal or violent execution of this document. It is necessary to tell and prove that the document is not the real will of the person who composed it. The possible evidence differs, as it depends on the situation, so in each case, you need to prove your own vision of what is happening with the help of a lawyer. This will help to find out if the sister can challenge the will.
When will a will be formally declared invalid?
In the legislation of the Russian Federation there is a list of situations in which a will will be considered invalid, it is impossible to deviate from these norms. Documents are invalid if compiled under one of the following factors:
- Under the strong and weighty pressure of the rest of the people on whom this will is subsequently executed.
- A person who cannot be held accountable for his or her actions due to a severe physical illness or dementia that is caused by a particular illness, specific condition, or drug action.
- Under circumstances that compelled a person to transfer property to a specific person, since pressure was exerted on him to which he could not resist. This is the reason to challenge the will.
Challenging a will in the presence of errors in it
There are other cases in which there is a possibility of someone who can challenge a will for an apartment. Sometimes a document is notarized, but not drawn up in the form that is governed by individual regulations.
A will becomes null and void under the following circumstances:
- Certified by a person who does not have legal rights to carry out this event.
- The will does not indicate the date of its preparation, nor is there a place in which it was written.
- The document has a single copy, but it was immediately composed by 2 persons.
- Witnesses who attended the will are listed incorrectly. This can be proved if there is legal reason to believe or evidence that they did not have the opportunity to be with the testator at the time indicated in the document.
- The signature was put only by a notary, but the person himself did not sign. Even if the cause of this phenomenon is health problems, you should also know who can challenge the will to the apartment.
- The will was not made secretly, therefore one of its basic principles was not observed.
Making a will by a person who is incompetent
There is a list of diseases in which diseases people can legally be recognized as legally incompetent, but the fact of a specific pathology must be legally proven. Usually this status can be given to people who suffer from serious and almost incurable mental disorders, are crazy or the degree of dementia is so great that people can not control and interpret their own actions.
Those people who are in a stage of heavy alcoholic intoxication are also recognized as legally incompetent. Persons who have a significant form of cerebral palsy or any significant disorders in the body that limit mobility and reduce the role of the musculoskeletal system cannot sign wills.
This usually happens if a person is deprived of the possibility of free movement to the point where he cannot put his own signature. It is believed that a person is incompetent when he can not fully answer for his own actions, that is, one for which other people are responsible.
Making a will under the influence of pressure from third parties
The concept of the will provides for a completely free expression of the will of man. To argue with this is very difficult if there is no direct evidence of a will under pressure. It does not mean only physical abuse. Often there is a psychological impact. When any pressure is exerted, it is believed that the will of the person himself can be changed, which means that he cannot express his own wishes accurately enough. In this case, a person may be forced to sign a document, because otherwise he may be exposed to the implementation of threats, why his health will suffer or his life will be in jeopardy.
Threats from third parties during the execution of the will
Usually this refers to a situation where a person is threatened by a whole group of people. They require the signing and appointment of all items that will be beneficial to them. A person may be afraid of threats and sign all documents, although this will not be his will. Actions under the effect of fear are recognized as violent, therefore, when contesting a will, their presence is a weighty argument.
Probate as needed
Sometimes there are situations when the testator writes a will to people because of a certain need. This happens when life circumstances arise in which it is necessary to quickly make a decision and get out of them with minimal losses for life and health.
There are times when, due to old age, a person begins to get very sick. Relatives decide to hire a nurse. These persons can enter into trust in a person and request something at their own request. Many old people do not refuse even when a will is made for an apartment.
People do not expect a nurse to be able to claim housing, but old people value them so much that they can write down their own living space out of gratitude. You need to know if the grandson can challenge the will.
Testament issued for a nurse
Usually this happens only for the purpose of drawing up a will for an apartment. Often the client’s condition worsens. In this case, the nurse can declare that he will continue to work only if the real estate is written in her name. Usually in this case, the heirs learn about the will only after the death of a sick person. Based on the fact that the nurse received a fixed wage, they can go to court with the hope of a positive outcome.
During the trial, the parties decide whether the will was signed from hopelessness. That is, whether such conditions were created under which the testator did not have the opportunity to refuse to sign this document. This transaction can easily be considered illegal. In this case, the will is canceled. This is the answer to the question: "Can I challenge the will?"
Testament without date and place of preparation
In order for a document to be considered eligible, the date of writing must be entered in it. In certain magazines, it takes place under the appointed date, so it is mandatory. The date of compilation of the document and the date of its registration in the journal must be the same. This is a fundamental point in the verification of which you can determine: whether relatives can challenge the will.
There are several reasons why the date is not indicated in the document:
- Accidental failure to make a date due to the fact that during its design people forgot about this important detail.
- A will is a fake.
If there is one of these items, you can go to court to challenge the will. In order to accurately determine whether the testator was competent, it is necessary to clarify the date of preparation of the document. If it is unknown to people, then it is impossible to guarantee the validity of the document.
Equally important is the information that narrates the place where the will was made. It is mandatory to indicate the specific address of the premises in which the testator was when he signed the will. Is it possible to challenge the will if the address of both a certain house and the hospital, as well as the officially notarized office, has been entered? The answer to this question can be obtained only in court upon presentation of all complaints and documents.
The testament certification is incorrect
If the document is not correctly certified, then a will can be challenged in court. When the process of its execution takes place, this document is certified by a notary by affixing a signature. Sometimes there are situations in which certification is carried out by other persons. When a person is in the hospital, the head physician can do this. In order for the document to be valid, at least two witnesses must be involved.
A will is a will of a person to be executed after his death. Sometimes this will is distorted, so you need to know how to challenge a will at home. When there is confidence in the possibility of successfully challenging a document, you need to go to court and state all claims.