Challenging a Will in Belarus
Explore your options for challenging a will in Belarus with professional legal advice and support.
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.
Contesting Inheritance in Belarus: Legal Process and Timeframes
In Belarus, contesting an inheritance involves invalidating documents related to the inheritance, reclaiming unlawfully acquired property, or removing an heir from the succession. Documents like certificates of inheritance rights or wills made by an incapacitated person can be deemed invalid.
The contestation period starts no earlier than six months after the testator’s death, during which all heirs are notified and issued inheritance certificates, which may later be challenged. The maximum period for contesting an inheritance is typically three years from the violation of the interested party’s rights.
Legal Grounds for Challenging Inheritance in Belarus
Inheritance may be contested if a close relative of the deceased is deemed an unworthy heir. Those eligible to challenge include individuals affected by the deceased’s property distribution. Unworthy heirs are recognized in cases such as:
- Deliberately causing the testator’s death or attempting to do so (although a will may be written in favor of the killer after forgiveness).
- Parents deprived of parental rights who remain unrehabilitated after the child’s death.
- Individuals who illegally influenced a will or prevented rightful heirs from inheriting.
- Heirs who intentionally failed to provide maintenance to the testator when legally obligated.
Inheritance may also be contested if an heir is denied their rightful inheritance or mandatory share, leading to challenges against the inheritance certificate issued by a notary.
Challenging an Inheritance Under a Will in Belarus
Heirs who disagree with the distribution of the inheritance may contest the will if sufficient evidence exists. A will reflects the testator’s free decision regarding their property after death. If the will was not voluntary or made under duress, it can be deemed invalid. Additionally, a will may be invalid if created when the testator lacked the mental capacity to understand their actions.
A will can only be invalidated in court by those who would be affected by the deceased’s estate distribution. Claims may arise if the will was made under threats, coercion, deceit, or exploitation of the testator. Evidence for such claims could include a posthumous psychiatric examination, witness testimonies, and written proof.
If a court invalidates the will, all property transferred to the unworthy heir will be returned to the rightful heirs, typically close relatives of the deceased.
Challenging the Certificate of Right to Inheritance
A certificate of right to inheritance is an official document confirming a person’s entitlement to inherit property after someone’s death, serving as the basis for registering that right with the state. Issued by a notary, it is signed, stamped, and recorded in the notarial register with a unique serial number.
This certificate may be deemed invalid by the court if the heir is considered unworthy, if someone entitled to a mandatory share of the inheritance did not receive it, or if the will is invalidated. Other reasons include errors in property share calculations, document forgery, or other legal violations.
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.
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What are the Grounds for Contesting a Will
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.
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.
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.
When an incapacitated person makes a will.
It refers to the incapacity of a person due to a mental illness.
Will Made Without Understanding Actions
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.
Will Made Under Deception, Violence, or Threat
The will was made under the influence of deception, violence, and threat due to a combination of difficult circumstances.
Ignoring Mandatory Heirs’ Rights in the Will
The will is drawn up without considering the interests of persons with a mandatory share in the inheritance.
Disregarding Spouse’s Share in Marital Property
The interests of the spouses, entitled to half of the property acquired in marriage with the testator, must be considered.
Grounds for Contesting the Certificate of Right to Inheritance in Belarus
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FAQ
Yes, there have been cases where the court declared a will invalid. This can happen if the will was made under duress, fraud, or when the testator lacked mental capacity at the time of writing. The court may also invalidate a will if it was improperly executed or if it goes against the law.
A mandatory share is the portion of inheritance that must be given to certain heirs, regardless of the testator’s will. This typically includes children, parents, and spouses. The share is determined based on the legal system, and it cannot be denied if the heirs meet the legal requirements, even if the will attempts to bypass them.
If an heir misses the deadline for accepting inheritance, they can file a claim with the court to restore their right. Valid reasons for missing the deadline may include illness, being abroad, or not knowing about the inheritance. The court evaluates each case individually based on the circumstances.
Yes, debts are inherited along with assets, and heirs must decide whether to accept the inheritance, which includes both assets and liabilities. If an heir does not wish to inherit debts, they can renounce the inheritance; however, compulsory inheritance laws typically do not exist in such cases.
Renouncing an inheritance is a formal, legal act in which an heir voluntarily gives up their right to inherit. Not accepting an inheritance means the heir chooses not to claim it, but this does not formally waive their rights, and the inheritance could be passed to other heirs.
Yes, there have been instances where legal heirs were disinherited, usually because of actions such as intentionally harming the testator, failing to support them when required, or engaging in fraud related to the inheritance process.
No, a will does not need to be made at the location of the property or the testator’s registered address. The testator can create a will in any location, and it will still be legally valid as long as it meets all other legal requirements.
No, simply crossing out, tearing up, or discarding a will is not sufficient to cancel it. For a will to be legally revoked, it must be formally rewritten, replaced with a new will, or officially declared revoked in accordance with legal procedures.
Yes, when bequeathing property in a will, you must provide the notary with all relevant documents related to the property, such as ownership certificates, to ensure the will is properly executed and legally binding.
A close relative can serve as a witness to the will; however, the notary must be informed of this to ensure that all legal guidelines are followed. The testator’s intent must be clear, and any potential conflicts of interest must be disclosed.
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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