Contesting a will is a process where interested parties can contest the validity or content of a will after the testator’s death. In Belarus, as in other countries, the legislation allows for contesting a will if there are grounds for doubt about its legality. Such grounds may include a violation of the form of the will, the incapacity of the testator at the time of its drafting, coercion or deception, and a violation of the rights of mandatory heirs. In this article, we will look at the key aspects of disputing a will in Belarus and provide specifics and tips for those who may encounter such a situation.
What is a Will
A will is a document expressing an individual’s will to dispose of the property that belongs to him in the event of that person’s death. After the testator’s death, the persons listed will become heirs. They can apply to the notary office for a certificate of inheritance within 6 months after the testator’s death.
Whom to Bequeath the Property to
A testator has the right to bequeath his property, not only to close relatives. A will can be made to favour individuals, including individuals, organizations, and the state.
Who Can Contest the Will
Persons who believe (and can prove) that a will has violated their rights or interests may contest it.
For example, these are persons who have the right to a mandatory share in an inheritance, regardless of the content of the will, if the heirs refuse them a mandatory share.
Persons who are entitled to a mandatory share in the inheritance include:
- Minor children of the testator.
- The testator’s disabled children.
- The testator’s disabled spouse.
- The testator’s disabled parents.
The mandatory share in the inheritance is defined as at least half of the share due to each of such heirs upon inheritance by law.
A will is usually contested by those who consider themselves heirs, heirs who have inherited, and guardians of incapacitated heirs.
We recommend seeking the advice of our experienced inheritance lawyer when appealing a will in case of disagreement with its contents.
When Can a Will be Contested
Heirs cannot contest a will until the opening of the inheritance (until the day of the testator’s death).
When a person believes a will has violated his rights and interests, he can file a claim with the court. The claim is filed with the court at the place of residence of the heir to whom the property was bequeathed or with the court at the property’s location when the will refers to immovable property. Our experienced inheritance lawyer can file a statement of claim and represent your interests in court.
What are the Grounds for Contesting a Will
The court considers evidence confirming the will’s invalidity or its some terms. The grounds for invalidating a will (its terms) may be as follows:
1. The state’s requirements for the form of a will have been violated. In particular, a will must be created as a written document and certified by a notary. Officials of some organizations may also certify a will in certain cases. For example, the hospital’s chief physician can certify the will of a hospital patient. The testator is required to sign the will.
2. Violation of formalities in the preparation and signing of a will.
If the testator cannot sign the will due to illness or physical characteristics, the procedure for signing the will by another person applies. Violation of this procedure may be grounds for contesting and revoking a will.
3. In some cases, witnesses must be present when drafting, signing, or certifying a will. Certain requirements apply to witnesses. If the witness does not meet the established requirements, this may be the basis for contesting and revoking the will.
4. When an incapacitated person makes a will. It refers to the incapacity of a person due to a mental illness.
5. When a will is made by a person who is not recognized as legally incompetent, but at the time of making the will, the person could not understand the meaning of his actions and direct them.
6. The will was made under the influence of deception, violence, and threat due to a combination of difficult circumstances.
7. The will is drawn up without considering the interests of persons with a mandatory share in the inheritance.
8. The interests of the spouses, entitled to half of the property acquired in marriage with the testator, must be considered.
These are just examples of the grounds for contesting a will. In case of disagreement with the will’s contents, we recommend contacting experienced inheritance lawyers. This way, you can determine if there are grounds to contest the will and if you have the necessary evidence to support your claims.
How is Contesting a Will Heard
Contesting a will in court is a complex process that requires careful compliance with legal norms and procedures. Let’s consider a step-by-step procedure for contesting a will in Belarus.
Step 1: Determining the Grounds for Contesting
Before contesting a will, it is necessary to determine whether there are legitimate grounds for contesting it. For example:
- The form of the will does not comply with legal requirements.
- The rights of the heirs of the mandatory share have been violated.
- The testator was incapacitated or in a serious mental state at the time of making the will.
- The testator was influenced by third parties (pressure, deception, abuse of trust).
The mating grounds must be subsequently confirmed with documents and witness statements.
Step 2: Consult with a Lawyer
An important step is to contact a qualified inheritance law lawyer. The lawyer will advise on the prospects of the case, collect evidence, and prepare the necessary documents for filing a claim.
Step 3: Collecting Evidence
Convincing evidence must be collected to successfully contest a will. These can be:
- Medical reports on the testator’s incapacity.
- Witness statements about pressure or deception.
- Documents that confirm the will’s non-compliance with the law’s requirements.
Step 4: Filing a Claim
Filing a statement of claim in court is necessary to begin the trial. The claim must contain the required information:
- The full name of the court.
- The data of the plaintiff (the one who files the claim) and the defendant (the heir to whom the claims are filed).
- Describe the contents of the will and the circumstances surrounding its drafting.
- Substantiate the requirements with references to legislation.
- You will need to attach all the collected evidence to the claim.
- The state fee must also be paid before submitting the documents to the court. The state sets the state duty rates as a percentage of the value of the disputed property: 5% of the value of the property (the price of the claim), but not less than 2 basic units. Starting from January 1, 2025, Belarus’s base value is 42 rubles (approximately 12.5 euros). The minimum state duty rate for property claims is approximately 25 euros.
Step 5: Court Proceedings
After filing a claim, the trial begins. The process includes several stages:
1. Preparation for the court session: The judge reviews the case file and sets a date for the hearing.
2. Court session: The parties present their arguments and evidence, and the judge listens to witnesses and experts, if necessary.
3. Making a decision: After reviewing all the materials and listening to the parties, the court decides.
Our experienced probate lawyer can represent your interests at every trial stage.
Step 6: Appeal the Court’s Decision
If one of the parties does not agree with the court’s decision, she has the right to appeal it to a higher instance. An appeal is filed within the time limits prescribed by law, usually within 15 days from the court’s decision or from the date of familiarization with the reasoning part of the decision. You can make a reasoned complaint and send it to the court of appeal by consulting our experienced inheritance lawyer.
Step 7: Execution of the Judgment
The decision becomes binding on everyone after the court decision comes into force (15 days after its issuance if it is not appealed). If the will is declared invalid, the inherited property is distributed according to the law or the previous will, if any. You can contact the enforcement authorities to execute a will. Our specialists, at your request, deal with enforcing court orders.
Consequences of Invalidation of a Will or Part of It
When the court satisfies the plaintiff’s claim to invalidate the will in whole or part, the disputed inheritance is transferred to the heir who contested the will.
If there is a previous valid will, and the court annulled the subsequent invalid one, then the heirs are guided by the valid will.
Suppose the court has declared the will invalid in full, and there is no previous will. In that case, the inheritance property is inherited by the testator’s relatives according to the law in the established order of inheritance.
Conclusion
Contesting a will in Belarus is a complex and multifaceted process that requires careful analysis of both legal and factual aspects. The country’s legal system provides certain mechanisms to protect the rights of heirs and other stakeholders. They can contest the will if there are grounds, such as the testator’s incapacity, violation of formal requirements, or the presence of facts indicating pressure or fraud.
Understanding the specifics of contesting a will, including deadlines, procedural rules, and types of evidence, is crucial for successfully contesting a will. Heirs should also remember the need for careful preparation and, if necessary, consultation with legal experts to protect their interests and avoid possible legal obstacles.
Contesting a will in Belarus requires an integrated approach and strategy. Our experienced lawyers and inheritance lawyers can develop a strategy for contesting a will, advise on the collection of evidence, draw up the necessary procedural documents, and represent your interests in court and government agencies.
Contact us
If you have any questions related to contesting a will in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer, to represent your interests in court and government agencies.
- +37529142-27-19(WhatsApp, Viber, Telegram);
- info@ambylegal.by.
