The issues of challenging the will are relevant for heirs who do not agree with the last will of the testator and have evidence of the invalidity of the will. A court may invalidate a will. It is possible to challenge the will only after the death of the testator. During his lifetime, the testator can cancel or change the will at any time. We tell you: who and when can challenge the will, when the court can invalidate the will and what consequences occur in this case and how we can help in matters of challenging the will.
Who and when can challenge the will
A person who considers himself an heir, whose rights have been violated or suffered after the opening of the inheritance, can challenge the will. Such a person submits a statement of claim to the court at the place of residence of the person in whose favor the will was drawn up. This person will be listed in the lawsuit as the defendant. When there is a dispute about the will under which the real estate is bequeathed, the statement of claim is filed with the court at the location of the real estate. In the statement of claim, you need to write: why the will is considered invalid.
Before filing a claim to the court, you need to pay a state fee: 5 basic units.
When a court can invalidate a will
The court often invalidates wills. In particular, in cases where the form and certificate of the will are not observed, the will is not signed personally by the testator, etc. In some cases, witnesses must be present when signing a will. This applies in particular to cases when the will is certified not by a notary, but by another official: the chief physician of the hospital, the head of a boarding house for the elderly and disabled, etc. Witnesses may not be any persons. When a will was drawn up in the presence of persons who are indicated by witnesses, but cannot be, the court will cancel such a will. Thus, a notary, heirs under a will, a person who cannot be aware of what is happening, etc. cannot be witnesses.
The Belarusian legislation considers the will as a unilateral transaction. Therefore, it can be challenged in court on the same grounds on which invalid transactions are challenged:
- the testator, due to his painful condition, did not realize the consequences of his actions,
- has a mental disorder or illness,
- he was in a state of stress, intoxication,
- the testator is a minor — under 18 years old,
- the testator made a will under the influence of deception, threats, violence.
What are the consequences of disputing a will
As a general rule, inherited property is returned to the heir who challenged the will.
When the testator made a previous will before the will was canceled by the court, the property is inherited under such a will. When there was no previous will or the testator canceled it, the heirs inherit the property according to the law in order of priority.
How we can be useful in challenging the will
Our lawyers and attorneys are experienced specialists in inheritance law and speak English. We can represent your interests in inheritance cases by a power of attorney. We:
- will give you advice on inheritance and contesting the will,
- will make a statement of claim to the court and prepare a package of documents for the court,
- will represent your interests in court.
Contact us
If you have any questions or disputes about the contesting of the will — we will be happy to help you! Our long-term experience in the field of inheritance law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
