Invalid wills
The law gave every citizen of Russia the right to dispose of property and personal non-property rights at his own will.
When we talk about the validity of a will, we must consider:
- the mental state of the testator himself;
- the mental health of his relatives recognized by the court as partially or completely incompetent,
- as well as the procedure for drawing up a will and other documents related to it.
If the heirs are intentionally deprived or not indicated in the order of the deceased, they have the right to judicial protection of their inheritance rights by filing an appropriate statement of claim. A will can also become invalid as a result of its recognition as void, that is, not in compliance with the law.
Types of invalid wills
In the minds of citizens, the invalidity of a will as a transaction means a complete lack of legal force. However, this is a multilateral act that entails several consequences depending on its recognition as void or voidable.
In the case of a void disposition, only evidentiary evidence of invalidity will be required. The recognition of such a transaction as void is ensured by virtue of the law, that is, by default. The court can and is even obliged to establish the illegality of a testamentary disposition when interested parties appeal about this.
The number of interested parties, according to the law, includes:
- heirs by will and law;
- their guardians and representatives;
- legatees and executors of a will.
In all other cases, the document will be contestable , since it is necessary to challenge it in court. To recognize a will as contestable, it will be necessary not only to go to court, but also to oppose the other party in the case with reference to a serious evidence base. As a result, the recognition of a closed will as invalid entails the fact that the court makes a decision on the partially or completely illegal content and effect of such a transaction.
Invalidation of a will
The law distinguishes general and particular (special) grounds for invalid transactions. The first grounds determine the essence of the transaction, and the second grounds specify the decision.
Wills become invalid if a court or other body, for example, a notary, finds a violation of the law . That is, the Civil Code interprets the invalidity of a will as its essentially nullity, as well as the unlawful transfer by the testator of his property and personal non-property rights to the heirs, that is, its mootness.
Important! These two general grounds are exhaustive for law enforcement agencies to make a decision to invalidate wills.
Nullity of a will: grounds and consequences
The grounds for the nullity of an administrative act on property are both internal and external factors. For example, when it is assumed that the testator was influenced during the transaction. The conditions for the nullity of an act are united by the fact that they clearly prevent the legal predecessor from expressing his meaningful will.
Officially, a will is considered void if:
- a written order of the testator that contradicts the civil legislation on inheritance;
- lack of mandatory requirements in the document;
- incapacity of the testator.
Such facts established legally are special grounds applicable to void transactions.
The document may contain prohibited or false information, violate the interests of heirs, and encroach on public order and the moral foundations of society. In addition, if non-existent information about persons and property is found in the text of the will, the transaction must be recognized as feigned or imaginary, depending on the circumstances of the case. For example, the testator, who was considered missing, disappeared intentionally, but in fact is alive. According to the meaning of the law, the disposition of the property will come into force only after the actual death of the testator.
Mandatory requirements of the administrative act on property
When making a will, the law requires you to comply with special requirements. Thus, failure to comply with the written form and the absence of a notarial signature, the absence of witnesses, automatically gives the court the right to consider the transaction void.
The list of grounds for a void transaction should include the incapacity of a citizen. A will, as a type of unilateral transaction, must be signed only by a fully capable person. If a different state is established, the administrative act will be invalid due to its original nullity.
Insignificant will and scammers
In recent decades, cases of fraud have become more frequent when people who are prone to using drugs and alcohol are tried to be persuaded to make a will in favor of strangers. From the point of view of the law, there is no reason to consider the transaction void in terms of design and content. The status of such testators has not been legally established.
At the same time, such a will can be challenged when interested parties file claims in court. This is explained by the fact that it is possible to conduct a forensic psychiatric examination after the death of the testator.
A contested will: grounds and consequences
In the practice of inheritance cases, claims challenging the will transaction are increasingly common. The fundamental difference from a void act is that the Civil Code of the Russian Federation treats challenging a will as the only opportunity to prove with the help of a court the illegality of the transaction.
Exception! Clause 3 of Article 1131 of the Civil Code of the Russian Federation prohibits challenging a will in cases where there are minor violations of the formal procedure. For example, there is a letter error in the heir’s full name. Essentially, such clerical errors do not violate the law and do not interfere with the direct expression of the will of the testator.
Contestability of a will in case of defect of the will of the subject
A special basis for challenging the administrative act of a legal predecessor, in particular, may be incompetent, intentional, unconscious and forced execution of a document . As is the case with people leading an immoral lifestyle. This should also include the signing of a will document by minors and illiterate persons.
Persons in a state of temporary mental disorder are not able to take responsibility for their actions. This can cause wrong decisions to be made . They, like persons under psychological pressure or the threat of physical violence, are deprived of the opportunity to soberly assess the consequences of their actions and express conscious will.
Procedure for invalidating wills
As mentioned above, depending on the type of grounds according to which a will is recognized as officially illegal, such a will may be voidable (invalid by a court decision) or void (invalid regardless of court decisions). It is important to remember that in all cases you need to file an appropriate statement of claim to invalidate the will in whole or in part to the court. The law determines the limitation period for disputes related to the recognition of invalidity in wills in accordance with article number 181 of the Civil Code of the Russian Federation. This period is equal to one year from the moment the person is informed about the violation of his legal rights by wills. According to the first paragraph of Article No. 3 of the Civil Procedure Code of the Russian Federation, filing a claim to invalidate a will is available to those persons who are directly interested in the outcome of the case. The list of such persons includes citizens whose rights and interests are violated by the wills in question. The applicant can be not only an individual, but also the Russian Federation itself, which can claim escheated property.
If a will is declared invalid, the following list of actions is provided for by the interested party:
- 1. The plaintiff must collect the required documents and written evidence of the invalidity of the will. The list of such evidence may include certificates and extracts from psychoneurological dispensaries and hospitals, as well as other medical institutions. Materials in the form of judicial acts and witness testimony will help you challenge a will. Information may be presented in writing, audio or video format. All arguments that confirm the nullity or possibility of challenging the will must be fair and completely reliable.
- 2. After collecting the documents, the plaintiff will have to go to the court at the place where the inheritance case was opened with the appropriate statement of claim. The claim must specify mandatory information, including the full name of the judicial institution, the applicant’s passport details and his place of residence, information about third parties who are and are not making their own claims to the inheritance. The list of uninterested third parties also includes a notary. The applicant's demands must be detailed and reasoned. The statement of claim is drawn up in several copies, since each party, including the defendant, the court and the plaintiff himself, must receive a copy of the claim. Also attached to the statement of claim is a receipt confirming payment of the state fee, a copy of the will of the testator, documents confirming his death, and the evidence base from the first paragraph.
Additionally, provision is made for the involvement of persons interested in the decision. In some cases, special examinations may be required. Their initiator can be a plaintiff, a defendant or a court. After completing the above steps, the court makes a decision to recognize the will as invalid or legal.
Please note that special expertise may be required if it is necessary to obtain the expert opinion of relevant specialists. If the cause of the dispute is the mental incapacity of the testator at the time of drawing up the will, medical specialists may be involved in the examination. Initiatives of the parties to conduct an examination may be rejected by the judicial commission with a mandatory justification for the refusal. In cases where one of the parties requires a special examination, and the other is against the appointment, the court considers the petitions of both parties. If the plaintiff wins the case, provided that he insisted on conducting the examination, the cost of the examination is paid by the applicant.
Consequences of invalid orders of the testator
The rules of civil law do not regulate the consequences of invalidating wills. In such cases, the general rules on invalid transactions apply.
Several options are possible:
- in the presence of several testamentary acts: when the last of them is declared invalid, inheritance occurs according to a document previously drawn up by the legal predecessor;
- if there is no second administrative act: succession is carried out on the basis of law in the order of succession of heirs.
Important! The testator's order regarding property can be declared invalid only after his death.
How to challenge a will after the death of the owner
Often, a person’s last will becomes known to relatives only after his death. Many express strong disagreement with the way the property was distributed.
A will is declared invalid by a court . Therefore, the interested person should fill out a corresponding application. The defendants in the case will be the persons who are heirs under such a will. The claim is filed in the district court at the place of residence of the defendant or at the location of the real estate, if it is controversial.
In order to challenge a will in court, the plaintiff will need to provide evidence that the document is invalid. If the claim is satisfied, the inheritance will be distributed in accordance with the provisions of the Civil Code of the Russian Federation.
The question remains ambiguous: can a person who is not an heir at law challenge a will after the death of the testator? It's possible. Article 1131 of the Civil Code of the Russian Federation indicates that a claim can be filed by a person whose interests have been violated. These may not only be relatives and dependents of the testator.
For example, a friend of the deceased knows that, according to a previously drawn up will, part of the property should have been transferred to him. The new will excludes him from among the heirs. And this person wants to challenge the later document as invalid.
Regarding the timing of a will, there are general requirements established by Article 181 of the Civil Code of the Russian Federation. You can challenge a will within 1 year after its execution.
If the document is void, then the corresponding claim can be filed within 3 years from the date of its execution.
