Legal services for challenging a will by lawyers and lawyers Vector Prime

A will is an official document that states the testator's last wishes regarding his or her property. The will comes into force only after the opening of the inheritance case (the death of the testator).

According to the law, the testator in the will has the right to independently determine to whom and in what shares the property will be transferred after his death. Often, after the opening of an inheritance case and the publication of a will, relatives express their disagreement with the will of the author of the document. This may be a reason to challenge the will. In addition, the act may be declared invalid in case of violation of the norms established by civil law.

Whatever the reason, a will is contested in court. It is recommended to seek the help of a lawyer. You can get a free consultation with a specialist in inheritance matters in our company. Call the phone number provided or write to us in the special window.

Challenging a will under the law

Issues of challenging a will are regulated in Art. 1131 Civil Code of the Russian Federation. In accordance with this normative act, in case of violation of the provisions of the law, a will may be declared invalid by a court decision or regardless of such a decision.

To challenge a will, the interested party must file a lawsuit in court after the opening of the probate case. There needs to be a good reason for this.

The basis for a challenge cannot be a clerical error or any minor violation of the procedure for drawing up, signing or certifying a document. It is important that the will of the testator is not understood ambiguously.

The law allows challenging not the entire will, but only part of it or individual orders. Invalidation of a specific order does not invalidate the entire document from the point of view of legislation.

Can her nephews challenge an aunt's will?

If the will is drawn up by the heir according to the law, then he accepts it in relation to the inherited property. In accordance with paragraph 2 of Art. 1154 of the Civil Code of the Russian Federation, an extract from the Unified State Register of Rights to Real Estate and Transactions with It, when filing a claim for divorce in the absence of registration at the place of residence in the relevant civil case (measures of provision by registered mail with acknowledgment of delivery) by the seller or by mail, at the place of residence of the defender who proceeds to information about persons who have not reached the age of majority, who have not reached the age of majority, does not lead to the fulfillment of his duties.4.

After this, ownership of your share in the apartment must be recognized - it will be sold separately from the damage. But Article 130 of the Civil Code, this is available in the State Traffic Safety Inspectorate and by phone SMS, attach the relevant materials to the satisfaction.

The power of a will and who can challenge it

For the will to enter into legal force, it is necessary to submit an application to a notary to open an inheritance case. After this, the text of the document is read out, and the heirs are notified of the testator’s last will. The act is valid until the contrary is established.

The list of those who can challenge a will for inheritance is established in Art. 1131 Civil Code of the Russian Federation. Such persons include those whose property rights were infringed as a result of writing a declaration of will. In other words, an outsider will not be able to file a lawsuit (for example, concerned neighbors).

Typically, claims to challenge the testator's last will are filed by close relatives or spouses - those who could claim to receive property in the absence of a will. The vast majority of such legal proceedings are initiated by first-degree heirs.

Let's give an example. A man has died who, during his lifetime, made a will in favor of his partner. According to his will, she received an apartment and a dacha. The testator's daughter, when inheriting by law, would be the only heir of the first stage. She has the right to apply to the court to annul the will, since she is interested in this. But, let’s say, her maternal aunt will not be able to file a claim, since her property rights were not violated in any way.

Often, a claim is filed in court by the spouses of the testator in cases where he bequeathed property without the consent of the husband/wife. The fact is that citizens do not take into account the fact that everything that is acquired during marriage through paid transactions is the joint property of the spouses and is divided in half. In simple terms, the husband cannot bequeath the entire apartment to anyone, since by law he only owns 50% of this property.

When going to court, it will be necessary to prove that in the absence of a will, the plaintiff would have the right to receive the inheritance. Documents used as evidence are a birth certificate, a certificate from the registry office, a marriage certificate, etc.

How does cancellation work?

The secrecy of a will allows the testator, at his own discretion, to change the terms of distribution of property or the composition of the heirs. The law allows you to cancel a will for an apartment at any time , but to do this you will need to comply with the requirements of the Civil Code of the Russian Federation for the form of cancellation. The following nuances of canceling or changing a testamentary form can be highlighted:

the testator can completely cancel the will, or only a separate part of it (in case of partial cancellation, the remaining part of the will retains legal force and will be used for the distribution of property);
the law allows you to cancel a will by drawing up a new document in which the same property will be distributed;
Only he himself can cancel a will before the death of a citizen, since other persons do not have information about the existence of the document;
from the moment the will is annulled, all property remaining after the death of the citizen will be inherited by law.

Having decided to revoke his will, a citizen must contact any notary office. When applying, you must indicate the cancellation of the document, or submit to the notary a new will for a similar composition of property. The notary is obliged to comply with all standard rules for verifying freedom of expression - to ensure the citizen’s legal capacity and the absence of coercion, threat or deception.

When canceling a testamentary form, the following rules are taken into account:

the fact of complete or partial cancellation of a will is recorded in the form of a written document - an order for cancellation;
the order is drawn up by the testator in his own hand and must be certified by a notary;
information about the certification of the said order is entered into the federal notary register.

Download an application to revoke a will (sample)

Various nuances that may arise when canceling or changing a will are recorded in Article 1130 of the Civil Code of the Russian Federation.

To cancel a testamentary document, a citizen must submit the following set of forms and forms - a general passport; a true copy of the original will; completed cancellation order form. If an application is made for a new will, the previously drawn up document may not be presented.

When opening probate proceedings, the notary will check the existence of one or more wills, and priority will be given to the newer document. A subsequent testamentary form will completely or partially cancel the testator's previously issued instructions if they contradict the newer document.

After a will is completely annulled, a citizen has the right at any time to again contact a notary’s office to draw up a will. In this case, the composition of the heirs and the list of bequeathed assets may completely change. Each subsequent will can also be revoked by the free will of the testator.

Is it permissible to challenge a will before the opening of the inheritance?

According to the law, challenging a will before the opening of the inheritance is not allowed. The opening of the inheritance occurs after his death or recognition as missing in court. This is explained by the need to maintain the secrecy of the will.

The testator is not obliged to notify other persons about what he wrote in the document and what his will is regarding the property. He can do this at will, but he has no obligation to notify the heirs.

After the death of the testator, the will can be issued to the heirs, whose names are indicated in the text of the document. A testamentary act is granted only on the basis of presentation of a certificate of death of the testator.

Everyone who participated in its execution is required to keep the secret of the will:

witnesses;
notary;
translator;
a person who has the right to sign the act instead of the testator for objective reasons;
executor;
the person certifying the will instead of a notary (for example, the captain of a ship, the chief physician of a medical institution, the commander of a military unit, etc.).

Administrative liability is provided for failure to maintain the secrecy of a will.

Accordingly, since no one knows about the contents of the document, challenging it before the opening of the inheritance case is impossible.

A little about the will

A will is a one-sided transaction. The main advantage of the document is that the consent of third parties is not required when drawing it up.

If a person decides to sign over his apartment to a family member or an outsider, then he just needs to visit a notary and make the necessary order. The document comes into force from the moment of notarization.

An alternative option is to have the will certified by the chief physician of a nursing home, hospital, ship captain, expedition leader, or commander of a military unit. A will executed without a notary, in accordance with Art. 1127 of the Civil Code of the Russian Federation must be sent to the appropriate notary as soon as possible.

If the document is made in emergency circumstances (the person anticipates the possible occurrence of death), then it is signed by 2 witnesses. In case of termination of special circumstances, the document is subject to notarization within 1 month.

However, the transfer of property rights to housing occurs only after the death of the testator. That is, the owner of the apartment can use the property for the rest of his life. This option is better than a gift agreement, where ownership passes to the recipient immediately after signing the agreement.

A citizen can include in the will any property that belongs to him by right of ownership, including an apartment or a share in it. The procedure for drawing up a document for a share in an apartment can be found in the article: “How to draw up a will for a share in an apartment.”

Reasons for challenging a will

The grounds for challenging a will after the death of the testator may be general or special. Common reasons include the following:

the testator could not be aware of the actions being performed due to the presence of a psychological disorder;
the testator suffered from senile dementia;
the will was drawn up while under the influence of alcohol or drugs;
the text of the document does not correspond to the actual will of the testator;
the document was formatted inappropriately.

Special grounds for challenge include:

making a will under pressure or threats;
drawing up a document with gross errors (for example, there is no signature of the testator);
the document was drawn up by a group of persons, and not just the owner of the property;
the authorized person did not have the right to certify the testamentary act;
the signature was forged and this fact was proven;
the heir specified in the will is declared unworthy by a court decision.

Proving the existence of these circumstances is often difficult. A medical examination and witness testimony may be required. A competent lawyer will prepare an evidence base and do everything possible to win the case.

Please note that minor clerical errors, typos and errors in design cannot become a reason for challenging and invalidating a will.

Challenging a document after the death of the testator

Almost any document can be challenged in the country. A will is no exception. The only condition is the presence of grounds. Relatives of the corresponding line who were left without inheritance or other interested parties can initiate a court hearing.

What are the consequences if the court declares the order invalid? The heir indicated in the document is excluded from inheriting the property of the deceased citizen.

Therefore, if there are other applicants, they can come into their own. But, if the eliminated citizen is an heir of the 1st stage, then he can enter into inheritance rights by law.

More information on how to challenge a will for an apartment can be found in the article “Is it possible to challenge a will for an apartment after the death of the testator and how to do it.”

Sample statement of claim

Grounds for invalidity of an order

Most often, the order is challenged due to the incapacity of the testator. If the heirs manage to prove in court that the testator was not aware of the consequences of his actions when signing the document, then the courts satisfy the claims.

Example. Citizen T. filed a claim to have the will declared invalid. She also asked to apply the consequences of invalid transactions. The essence of the requirements is that after the death of the mother, an inheritance was opened. Within the prescribed time frame, the woman submitted an application to the notary. However, she later found out that all the property went to her brother. The basis for removing the plaintiff from the inheritance was her mother’s will. The woman does not agree with this state of affairs. Since during her lifetime her mother promised to sign over all her property to her. It is unclear where the will suddenly came from. The court found that the deceased citizen had recently been very ill and was undergoing treatment in a city hospital. The plaintiff claimed that my mother practically did not recognize people. So she came to live with her. The woman was under the supervision of her daughter. But her health never recovered. Mom did not get out of bed and did not go outside. The conclusion of the forensic psychiatric commission showed that the deceased citizen could not realize the significance of her actions at the time of drawing up the will. The claims were satisfied (Decision of the Cherepovets City Court of the Vologda Region dated March 28, 2012, case No. 02-42/2012).

You can also challenge a will due to non-compliance with the form (Article 1131 of the Civil Code of the Russian Federation). The order is drawn up exclusively in writing and is subject to notarization. In exceptional cases, the document can be certified by other authorized persons - the head physician and doctor on duty of the hospital, the head of the prison or the commander of a military unit.

The will must also bear the signature of the testator. If a citizen cannot sign it on his own, then another person signs it, and a note is made in the document.

Failure to comply with any of these points is grounds for challenging the order. For example, the full name of the testator is not indicated, the seal of the institution represented by the authorized person is missing, or the signature of another person is there, without proper explanation.

Regardless of the reason for going to court, the heirs will need to provide written evidence of their claims. You can also involve witnesses who know the circumstances of the case.

Documents for challenging a will after the death of the owner

If the order is challenged in court, the heirs will need to prepare the following documents:

statement of claim;
contested will;
a document confirming the death of the testator;
papers indicating the presence of a family connection with the deceased person;
documents substantiating the claims;
receipt of payment of the fee.

The penultimate point depends on what lies at the basis of the claim. For example, if the heirs try to challenge a document due to the testator’s incapacity, then a court decision declaring the person incompetent or a post-mortem forensic psychiatric examination will be required.

How to challenge a will

Disputes regarding the validity of a will are heard in court. The challenge process follows the following algorithm:

Determining the basis for the challenge.
Collection and preparation of evidence that will confirm the existence of grounds for challenging.
Drawing up a statement of claim. Determining the judicial authority where the claim should be filed.
Payment of the state fee for going to court. Details can be found in the office or on the website of the judicial authority.
Filing a claim.
Taking part in court hearings.
Entry of the decision into legal force.

If the decision is made in your favor, after it enters into legal force, you must obtain a certificate of accession to inheritance rights. If you do not agree with the decision in the case, you can challenge it in a higher court.

It is worth trying to resolve the issue with the heir under the will peacefully. Perhaps you will be able to negotiate and come to a compromise. In this case, an agreement is drawn up and certified by a notary.

An heir who has received property illegally may try to dispose of it. For example, sell. To ensure the safety of the inheritance, it is necessary to send a corresponding application to the court. In such a situation, the court imposes an arrest until all circumstances are clarified.

After the will is revoked, in most cases, the persons named in the document will be able to participate in the distribution of the inheritance by law or on the basis of another will recognized as valid.

Can a retired nephew challenge an aunt’s will for an apartment?

A single woman, childless, drew up a will for an apartment in the name of a person caring for her, who is not her relative. Of her closest relatives, she only has the son of her deceased brother - her nephew. Can her pensioner nephew challenge this will?

Collapse Victoria Dymova Support employee Pravoved.ru Hello!

Similar questions have already been considered, try looking here: website lawyers. Today, September 23, 2019, we answered 387 questions. Average response time is 14 minutes.

Can her pensioner nephew challenge this will? Viktor In theory, he can, if there are grounds. But since the will is drawn up by a notary, the chances of challenging it are almost zero, because

Moscow Chat But doesn’t a nephew, as a pensioner, have the right to an obligatory share in the inheritance of ViktorNet.

Article 1149. The right to an obligatory share in the inheritance1.

Claim to contest a will

Cases of challenging a will are heard by courts of general jurisdiction. The claim must be filed at the place of residence of the defendant. In cases where the claims relate to real estate, the case is considered at the location of such property.

The claim is drawn up according to the requirements set out in Art. 131 Code of Civil Procedure of the Russian Federation. The text must include:

identification data of the plaintiff and defendant - full name, residential address, contact information;
identification data of the testator;
essence of the dispute;
grounds for invalidating a will;
the cost of the claim (the estimated value of the disputed property);
claim to court;
list of attached documents;
date and signature of the plaintiff.

It is important to correctly draw up a statement of claim, since otherwise the court may refuse to open proceedings. It is advisable to contact a lawyer for assistance in registration. Correctly drafting a claim will increase the chances of winning the case.

There is no established list of documents for filing a claim. Papers are prepared depending on the situation. The list includes:

general passport;
death certificate of the testator;
documents confirming the degree of relationship with the testator (they also serve as the basis for going to court) - birth certificate, marriage certificate, certificate from the registry office;
witness statements;
letters and correspondence of the testator with other persons, if they are relevant to the case;
documents from medical institutions;
results of the examinations carried out;
other papers.

If necessary, you can request the necessary documents through the court. For example, a judicial authority can make a request to Rosreestr to find out what property is owned by the testator.

Customer Reviews

Gratitude from Remedova A.G. I express my gratitude to the Legal Agency of St. Petersburg, namely Denis Yuryevich Stepanov, for the assistance provided in resolving my issue, and I also express my gratitude to the entire team of the consumer rights protection society for their responsiveness and pleasant communication.

Remedova A.G. 08/17/2018

Gratitude from Kikkas V.P. Kikkas V.P. I am grateful to the Legal Agency of St. Petersburg for understanding the situation and timely assistance in my seemingly hopeless situation, personally to Denis Yuryevich Stepanov, I hope to continue to cooperate.

Kikkas V.P. 08.11.2018

Review by B.I. Goreky Gratitude to Yuri Vladimirovich from B.I. Goreky for the consultation on family rights.

Gratitude from Evgeniy N. I express my gratitude to Alexander Viktorovich Pavlyuchenko for the qualified management of my case, competent advice and informed decisions, which led to compensation for all claimed losses.

Sincerely, Evgeniy N., November 17, 2017

Thanks to A.I. Ivanov I would like to express my gratitude to the team of the “Legal Agency of St. Petersburg”, and especially to Artem Igorevich Ivanov, for the competent actions and decision in my civil case. I dare say that this is one of the best law firms in the city, because... I became very close to the lawyers. Everything is done in a timely manner and to the point. Good luck to the team in everything.

Sincerely, Nadezhdin A.N. June 7, 2018

Review by Gavrichkova A.N. I would like to express my deepest gratitude to Yuri Vladimirovich Sukhovarov for his humane attitude towards my problem and detailed professional advice on solving it. I wish I could meet such people in my life more often.

Sincerely, Gavrichkov Alexander Nikolaevich.

Thanks to Pavlyuchenko A.V. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Alexander Viktorovich Pavlyuchenko for the work done, high qualifications and high-quality approach. Thanks to Alexander Viktorovich, we managed to achieve a result in court in a case on the protection of consumer rights that I did not even expect. The amount recovered in court even exceeded my expectations. Thank you very much for your qualified work and professionalism.

Sincerely, Astafieva A.S., 03/01/2019

Gratitude to Kavalyauskas V.A. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Vasily Anatolyevich Kavaliauskas for the skillfully done work. Vasily Anatolyevich advised and prepared all the documents necessary for court proceedings. As a result of the consideration of the consumer rights case, the result and the high amount exceeded all my expectations. Thank you very much for your qualified work and professionalism.

Sincerely, Astafieva A.S., 03/01/2019

Gratitude from gr. Moskovchuk V.G. I express my deep gratitude to lawyer Denis Yuryevich for the consultation and bringing the case to its logical conclusion. Legal documents were drawn up very competently and sent to court. The case is won. Hooray!!! Thank you very much!

Plaintiff: Moskovchuk V. G.

Thanks to Stepanov D.Yu. I express my deep gratitude to lawyer Denis Yuryevich Stepanov for his high professionalism and attentiveness to his case when considering the issue in word with a contractor who improperly completed the work of erecting a screw foundation. The cost of the work amounted to 178,300 rubles. And the court of the Vyborg district (Case No. 2-1432/2018) dated March 12, 2018) to collect, taking into account all fines, 504,800 rubles. Once again, I thank you and wish you success in your future work and only successful business conduct.

Grateful to you, your client. 05/18/18

How to challenge an inheritance without a will

To challenge an inheritance without a will, you will need to go to court. This is the only way to establish the legality of inheritance. For this to happen, you need to follow the algorithm:

Compliance with deadlines for filing a claim.
Preparation of documents confirming the existence of grounds for challenging the inheritance.
Filing a claim in court.
Taking part in the trial.
Obtaining a court decision.
Contacting a notary office to cancel a previously issued certificate of accession to inheritance rights (if the court decision is positive).

It is important to consider the statute of limitations for all inheritance cases. As a general rule, it is three years, but in some cases this period may increase or decrease. It all depends on the grounds for challenging the inheritance in court.

The limitation period begins on the day the inheritance case is opened. However, in some situations, the heir learns that his rights have been violated much later. Then the period will be counted from the moment he is informed about it. For example, this can happen if the heir is outside the country and for some reason it is impossible to contact him.

Regardless of the grounds for filing a claim, it is necessary to adhere to the legal standards adopted by law. In accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation, the claim must contain the following information:

name of the judicial authority to which the application is submitted;
details of the plaintiff and defendant;
a description of the circumstances under which the plaintiff’s rights were violated;
evidence of circumstances;
claim;
the cost of the claim, if the valuation is required by law;
list of attached documents;
date of filing the claim;
plaintiff's signature.

The claim is filed at the place of residence of the defendant or at the location of the real estate about which the dispute is initiated. However, if the matter concerns issues of actual inheritance or establishment of other legal facts, it is necessary to apply at the place of residence of the plaintiff.

The cost of a lawyer to challenge a will at the pre-trial stage

Pre-trial settlement of a problem with a notary From 10,000 Determination of shares of an inheritance From 3,000 Determination of positions in a will to challenge From 2,000 Settlement of issues regarding shares between heirs From 4,000 Support of settlement agreements regarding inheritance From 5,000

Time limits for challenging a will

The statute of limitations for challenging a will is the time period during which a person whose rights have been violated has the right to go to court to obtain protection. The statute of limitations will depend on the basis for the challenge. This is provided for in Art. 181 Civil Code of the Russian Federation.

Thus, you can file a lawsuit and challenge a will within the following time:

three years if the requirements relate to the application of the consequences of the invalidity of a void transaction and its recognition as invalid;
one year upon request to recognize a voidable transaction as invalid, as well as to apply its invalidity.

The calculation of the period begins from the moment when the interested person learned about the violation of his rights and interests.

An uncle left a will for his nephew, can his wife claim a share?

The compulsory heirs may also include a nephew, for example, as a dependent of the testator. In this status, the applicant is entitled to at least ½ share, which is due to the heir by law. One of the heirs under the will may be the nephew of the testator. Also, the testator can assign his property to his brother, and appoint his child, i.e., nephew, as a sub-heir. Additionally, you can indicate your nephew as a legatee in the will (Article 1137 of the Civil Code of the Russian Federation). For example, the testator decided to assign an apartment or house to one of the heirs. However, due to the death of his brother, his niece was supported by him. In order not to infringe on the interests of the child, the testator may assign the responsibility for his maintenance to the heir. The procedure for executing the will of the testator is described in the order.

Is it possible to challenge inheritance?

It does not matter under what order of inheritance the dispute is carried out. The procedure always follows the following principles:

The notary does not have the authority to resolve disputes. Only the court deals with annulment.
To confirm your position, you will need to provide evidence and necessary documents.
Cancellation is only possible on legal grounds.
Initiation of a case is permissible only by interested parties, that is, legal heirs.
After a positive decision is made in the case, the property is distributed among all heirs whose rights are not disputed.

Cancellation is carried out upon entry into inheritance rights under a will. If the document loses legal force, the property is distributed among the legal heirs.

An analogue of annulment upon entry into inheritance under the law will be the recognition of the heir as unworthy. If there are several heirs, a separate procedure is carried out for each of them. When the heirs of the first priority are deprived of their rights, the opportunity to receive property arises for the representatives of subsequent priority.

Does a nephew have a right to his uncle's inheritance?

The period for taking possession and disposal of property is reduced from 6 to 3 months in two cases:

Hereditary transmission.
Refusal of the previous heir.

In the first case, this means accepting an inheritance for a relative who died after the opening of the inheritance, without having time to formalize it. The refusal of the previous heir implies the refusal to enter into the rights of inheritance of a person of one line and the entry into succession of citizens of the next line. The notary is provided with the following documents:

death certificate;
documents proving identity and the fact of relationship (passport and certificates confirming the presence of family ties);
additional documents (confirming disability, fact of succession, etc.).

Gift deed or will: what cannot be challenged

According to the law, both a deed of gift and a will can be challenged. This right is ensured in civil legislation. However, in reality, achieving such a court decision is equally difficult. The interested party will need to provide irrefutable evidence that their rights were infringed and that the current heirs took possession of the property or the right to receive it illegally.

The deed of gift may be canceled in the following cases:

the donee made an attempt on the life of the donor or members of his family, inflicted physical injury on any of them;
the donee killed the donor - in this case, the relatives of the donor will be able to cancel the gift agreement in court;
the new owner treated the received property carelessly, while for the donor it was of particular intangible value;
the organization or individual entrepreneur issued a deed of gift within six months before the official declaration of bankruptcy;
at the time of registration of the deed of gift, the owner of the property was under the influence of alcohol or drugs, was ill, was experiencing serious psychological trauma, or could not be held accountable for his actions for other reasons.

If we talk about a will, then the reasons for declaring it invalid lie in the condition and actions (inactions) of the testator. Such reasons may arise when, during the execution and signing of a will, the owner disposing of his property:

was in a limited capacity by a court decision or due to not reaching the age of majority and signed the transfer of inheritance without the consent of legal representatives (guardians or parents);
was subjected to physical violence and threats;
could not control his actions and did not realize what exactly was happening;
was mistaken regarding the circumstances that played a decisive role in his expression of will;
expressed illegal and immoral provisions in the document;
was not present when the will was drawn up and signed;
called for the signing of the document by witnesses whose characteristics are considered unsuitable as a matter of law.

Many citizens confuse a will and a deed of gift, but from a legal point of view, these documents are completely different. First of all, the difference lies in the fact that the recipient always knows about the gift, since in the text of the deed of gift he expresses his consent to accept the gift. When drawing up a will, the testator is not obliged to inform the heir of his decision. Most often, he learns about the transfer of property only after the opening of an inheritance case - that is, after the death of the testator.

The second difference is that a will can only be challenged after the death of the testator. If we talk about the deed of gift, it is disputed at any time.

What is more difficult to challenge – a will or a deed of gift? Speaking from the point of view of jurisprudence, there are more grounds for recognizing a will as invalid than for recognizing a gift as such. In addition to general civil norms, wills are additionally subject to special norms of Chapter 62 of the Civil Code of the Russian Federation.

The grounds for invalidating a gift agreement are only general civil ones, as well as those provided for in Chapter 32 of the Civil Code of the Russian Federation. In addition, if the property becomes the property of the gift recipient, it cannot be included in the donor's estate.

However, heirs may doubt the validity of the deed of gift and file a lawsuit to challenge the transaction and include the property in the estate. But, if we consider judicial practice in such cases, it is extremely difficult to achieve satisfaction of the claim.

Whatever the reason, it is almost impossible to invalidate a deed of gift or will without the support of an experienced lawyer. You can consult with inheritance lawyers about the prospects of your case. To do this, call the indicated phone numbers or write to us.

During the legal consultation you will receive:

Drawing up and drafting a will in accordance with all the rules, norms and regulations of the current law.
Assistance from lawyers in the offices of notaries and officials.
Saving money, time and mental energy.
Explaining complex legal terms in clear and accessible language.
Consultation regarding the collection of a package of documents attached to the inheritance document.
Assistance from a will lawyer at all stages of the inheritance process.
There is a high probability that the issue will be resolved before trial.

A lawyer will advise you on the prospects, risks when drawing up a will, and probable models for the development of events. A lawyer will help ordinary citizens (individuals) and businesses (legal entities) free of charge and professionally.

Challenging a will by first-degree heirs

The heirs, whom the legislator classifies as first priority, have the greatest interest in challenging the inheritance if the testator has decided to dispose of the property not in their favor. First priority heirs include the testator's mother, father, husband, wife or children. They would definitely have received ownership of the property if it were not for the will, so they have the right to go to court.

When there are no heirs of the first stage, the most interested persons are those who belong to the second stage. If there are none, the will may be challenged by subsequent heirs. This is in theory. In practice, a challenge can be initiated by any person who has conclusive evidence of their right to inheritance.

In addition, the law defines persons who cannot be deprived of the right to receive an inheritance even if they were not mentioned in the will. Such persons include:

Dependents of the testator, even if they are not his relatives (for example, a spouse who has lost the ability to work), as well as relatives by blood (grandmother, parents, grandfather, etc.).
Disabled adult children (including adopted children).
Children under the age of majority.

It is important to take into account that if at the time of opening the inheritance case the husband and wife were divorced, the surviving spouse will not have the right to a share in the inheritance. This same category of persons includes cohabitants or, as they are commonly called, “common-law husband or wife,” since the legislation of the Russian Federation recognizes only official marriage registered in the registry office.

Relatives can file a claim and challenge the will in the following situations:

they suspect that the testator was subjected to moral or physical pressure when formalizing his will regarding the property;
the testator was declared legally incompetent during his lifetime;
the will was drawn up under the influence of external factors;
the document was drawn up under dictation by a third party;
the legal form of the will was violated or the document was incorrectly certified by a notary.

First priority heirs can challenge the will even after it comes into force. In this case, a statement of claim is filed, which explains why the plaintiff believes that his rights have been violated. The claim must be supported by documentary evidence. For example, if the testator was incapacitated, a medical certificate will be required.

It is best if a competent lawyer who has already participated in similar cases more than once and has practical experience in resolving such issues is present at the meetings. The lawyer will study the circumstances and draw up theses for use in court. If necessary, the expert will prepare an evidence base and make requests to the necessary institutions to obtain documents, and will also attract witnesses.

How to draw up a will for an apartment?

Actual topic

A will for an apartment is a topic that sooner or later begins to worry all property owners. Find out how to correctly draw up a will in order to express your will as accurately as possible and deprive unwanted claimants of the inheritance of the opportunity to challenge it in our article.

The “ABC of Law” of the ConsultantPlus legal reference system provides up-to-date answers to everyday questions and describes the procedure with references to legislation.

You can dispose of an apartment in the event of death by making a will or concluding an inheritance agreement (Clause 1 of Article 1118 of the Civil Code of the Russian Federation). To bequeath an apartment, we recommend following the following algorithm.

Step 1: Make a will

A will can be made either by one citizen or by spouses who are married at the time of making the will (joint will of the spouses) (clause 4 of Article 1118 of the Civil Code of the Russian Federation). It should be taken into account that the joint will of the spouses loses force in the event of divorce or the marriage is declared invalid both before and after the death of one of the spouses (paragraph 3, paragraph 4, article 1118 of the Civil Code of the Russian Federation).

A will is made personally by the testator (spouses); making it through a representative is not allowed (clause 3 of Article 1118 of the Civil Code of the Russian Federation).

When drawing up a will, the testator has the right, in particular (Article 1116, paragraph 4 of Article 1118, paragraph 1 of Article 1119, Article 1120, paragraph 1 of Article 1122, paragraph 1 of Article 1134, paragraph 1 of Art. 1135, paragraphs 1, 2 of Article 1137, paragraph 1 of Article 1139 of the Civil Code of the Russian Federation; paragraphs 18, , , , , Methodological recommendations, approved by the Decision of the FNP Board dated 01-02.07.2004, Minutes No. 04 /04):

bequeath an apartment belonging to him or an apartment that will be acquired by him in the future. When specifying a specific apartment, you should define it as precisely as possible in the will (for example, indicate the address, cadastral number), so that later there will be no difficulties with its interpretation. In a joint will, spouses have the right to bequeath both common property and the property of each of them;
bequeath property to any persons, both included and not included in the circle of heirs by law, as well as determine their shares in the inheritance in any way (provided that the sum of the shares of the heirs does not exceed one) or not determine the shares;
to disinherit one, several or all legal heirs. This can be done in one of the following ways: by making a special order about this in the will. An heir thus deprived of inheritance cannot by law be called upon to inherit, except in cases where he has the right to an obligatory share in the inheritance;
by the testator distributing all property among other heirs. In this case, such an heir by law may be called upon to inherit, for example, if the heirs under the will do not accept the inheritance or refuse it;

appoint an executor of the will and determine his powers;

impose an obligation on the heir to whom the apartment is bequeathed to fulfill at its expense any property obligation in favor of one or more persons (testamentary refusal), for example, to provide an apartment for another person to live in for a certain period or for the period of that person’s life;

impose on the heir the obligation to perform any actions, including burying the testator in accordance with his will.

The will is written in clear and understandable language, allowing you to clearly understand the will of the testator. A will is made in writing. However, it is not allowed to draw up a will using electronic or other technical means (clause 1 of Article 1124, clause 1 of Article 1125, Article 1132 of the Civil Code of the Russian Federation; clause 35 of the Methodological Recommendations).

In some cases, the will must be written by the testator in his own hand, for example, if it is made in emergency circumstances or is closed (clause 2 of Article 1126, clause 1 of Article 1129 of the Civil Code of the Russian Federation).

The will must be personally signed by the testator (by spouses - in case of a joint will) (clause 4 of article 1118, clause 3 of article 1125 of the Civil Code of the Russian Federation).

A will can be drawn up by recording by a notary the will of the testator ascertained by him (clause 36 of the Methodological Recommendations).

Please note: here we talked about the new procedure for obtaining property deductions. The right to deductions can now be claimed without submitting a 3-NDFL declaration and supporting documents.

Step 2. Invite (if necessary) witnesses, a handyman and (or) an interpreter

The subsequent notarization of the will may require the presence of certain persons.

Thus, if the testator is unable to sign the will himself due to illness, physical disability or illiteracy, at his request the will can be signed in the presence of a notary by another citizen (a witness).

If the testator does not speak the language in which notarial paperwork is carried out, and the notary does not speak the language of the testator, the presence of a translator is also necessary (clause 3 of Article 1125 of the Civil Code of the Russian Federation; clause 39 of the Methodological Recommendations).

The testator has the right to invite a witness to be present when drawing up the will (clause 4 of Article 1125 of the Civil Code of the Russian Federation).

If a will is made in emergency circumstances, when a citizen is in a situation that clearly threatens his life, it must be written and signed in the presence of two witnesses. Within a month after the cessation of emergency circumstances, such a will must be properly certified, otherwise it will lose force (clauses 1, 2 of Article 1129 of the Civil Code of the Russian Federation).

In addition, the presence of witnesses is necessary when transferring a closed will to a notary and in the case of a will equivalent to a notarized will (clause 3 of Article 1126, clause 2 of Article 1127 of the Civil Code of the Russian Federation).

It should be borne in mind that some citizens cannot act as a witness and executor, in particular the spouse of the testator when making a joint will of the spouses, the person in whose favor the will was drawn up or a testamentary refusal was made, as well as the children, parents and spouse of such a person (Clause 2 of Article 1124 of the Civil Code of the Russian Federation).

Step 3. Notarize the will

As a general rule, a will must be notarized. To certify a will, you can contact any notary, regardless of the place of residence of the testator, with an identification document. It is not required to present to the notary documents confirming the testator's ownership of the apartment (clause 1, article 1124 of the Civil Code of the Russian Federation; clause 9, Methodological Recommendations).

If a will is written down from the words of the testator by a notary, the text of such a will must be fully read by the testator in the presence of a notary before it is signed, and a joint will of the spouses written by one of the spouses must be read in the presence of a notary by the other spouse. If the testator cannot personally read the will, its text is read out to him by a notary, about which a corresponding inscription is made on the will indicating the reasons why the testator could not personally read the will (Clause 2 of Article 1125 of the Civil Code of the Russian Federation).

If a will is drawn up and certified in the presence of a witness, it must be signed by him and his full name must be indicated on the will. and the place of residence of the witness in accordance with the document proving his identity (clause 4 of Article 1125 of the Civil Code of the Russian Federation).

When certifying a joint will of spouses, a notary is obliged to video record the procedure for making such a will, if the spouses do not object to this (clause 5.1 of Article 1125 of the Civil Code of the Russian Federation).

The will indicates the place and date of its certification (except for a closed will) (clause 4 of Article 1124 of the Civil Code of the Russian Federation).

A closed will is handed over to a notary by the testator in a sealed envelope in the presence of two witnesses who put their signatures on the envelope. Such an envelope is sealed by a notary in another envelope, on which the notary makes an inscription with information about the testator, the place and date of acceptance of the closed will, as well as the full name. and the place of residence of each witness (clauses 1 - 3 of Article 1126 of the Civil Code of the Russian Federation).

For notarization of a will, a state fee is paid (or a notarial fee - when applying to a private notary) (Parts 1, 2, Article 22 of the Fundamentals of the Legislation of the Russian Federation on Notaries).

Reference. Amount of state duty (tariff)

The amount of the state fee (notary fee) for certification of wills and for accepting a closed will is 100 rubles. Preferential categories of citizens, in particular disabled people of groups I and II, disabled since childhood, pay a state fee of 50 rubles. (Clause 13, Clause 1, Article 333.24, Clause 2, Article 333.38 of the Tax Code of the Russian Federation).

Also, when contacting a private notary, if necessary, legal and technical services are paid in accordance with the established tariffs (Parts 7, 8 of Article 22 of the Fundamentals of the Legislation of the Russian Federation on Notaries; Clause 17 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on June 30, 2021).

In established cases, it is allowed to certify a will instead of a notary by other persons, in particular by officials of consular offices of the Russian Federation (clause 1 of Article 1124, clause 7 of Article 1125 of the Civil Code of the Russian Federation; clause 1 of part 1 of article 26 of the Law of 07/05/2010 N 154-FZ).

In addition, the following are equated to notarized wills (Article 1127 of the Civil Code of the Russian Federation):

wills of citizens undergoing treatment in hospitals, hospitals, other medical organizations in stationary conditions or living in homes for the elderly and disabled, certified by chief doctors, their deputies for medical affairs or doctors on duty of these organizations, as well as heads of hospitals, directors or chief doctors homes for the elderly and disabled;
wills of citizens traveling on ships flying the State Flag of the Russian Federation, certified by the captains of these ships;
wills of citizens on exploration, Arctic, Antarctic or other similar expeditions, certified by the heads of these expeditions, Russian Antarctic stations or seasonal field bases;
wills of military personnel, and in the locations of military units where there are no notaries, also wills of civilians working in these units, members of their families and family members of military personnel, certified by the commanders of military units;
wills of citizens in places of deprivation of liberty, certified by the heads of places of deprivation of liberty.

It should be noted that the joint will of the spouses cannot be certified in this manner (clause 5 of Article 1127 of the Civil Code of the Russian Federation).

The legal reference system ConsultantPlus provides up-to-date answers to everyday questions from the “ABC of Law” series, the procedure for action is prescribed, and there are links to legislation.

Electronic magazine "ABC of Law"

Cost of challenging a will

An extremely important point when contesting a will concerns the cost of the procedure. To determine how much it will cost to go to court, it is necessary to rely on the provisions of Art. 333.19 Tax Code of the Russian Federation.

In accordance with the provisions of this regulatory act, the following amounts of state duty apply:

the amount of property is not more than 20,000 rubles - the state duty is equal to 4% of the value, but not less than 400 rubles;
the amount of property is from 20,000 to 100,000 rubles - the state duty will be 800 rubles and 3% of the amount exceeding 20,000 rubles;
the amount of property is from 100,000 to 200,000 rubles - the state duty is 3,200 rubles and 2% of the amount exceeding 100,000 rubles;
the amount of property is from 200,000 to 1 million rubles - the state duty is 5,200 rubles and 1% of the amount over 200,000 rubles;
the amount of property is more than 1 million rubles - the state duty is 13,200 rubles and 0.5% of the amount above 1 million rubles, but the amount of payment cannot be higher than 60,000 rubles.

The amount of the claim is indicated by the plaintiff in the statement of claim. It is determined as a result of appraisal work by an independent appraiser.

If the amount does not correspond to the real one, the court has the right to make the necessary adjustments. This figure should not be deliberately overestimated or underestimated.

Additionally, you will need to pay for legal services. Here prices vary depending on the region.

Services of lawyers and advocates	Price
Initial free consultation (up to 30 minutes)	FOR FREE
Consultation in writing	from 2000 rub
Drawing up an application for a court order	from 1000 rub
Drawing up the necessary documents: claims, complaints, requests	from 3000 rub
Representation in court	from 5000 rub
Turnkey legal protection: from claim to victory	from 15,000 rub.
Appeal, defense in a higher authority	from 3000 rub
Assistance in the execution of a court decision	from 3000 rub

Ask a Wills Lawyer for Advice

Cooperation with our professional lawyers means:

Comfortable. Consultation is carried out online or by phone.
Free of charge. To receive legal assistance, you do not need to send SMS or pay other expenses.
Professionally. Our lawyers have higher legal education and narrow specialized knowledge regarding all the nuances of drawing up a document on inheritance. They constantly improve their skills and are aware of all changes in the law relating to inheritance.
Promptly. A lawyer will advise you ten minutes after your application.
Confidentially. Rest assured that the data entrusted to us during legal consultation will not end up on third-party resources.

You can draw up a will yourself, but this document may contain serious errors. Inaccuracies in this document are unacceptable; they can lead to conflict between the heirs and legal proceedings. To avoid negative consequences, get free legal advice on a will. Protect yourself and your loved ones, save them from additional expenses and litigation today.

Who is eligible?

In accordance with Article 1131 of the Civil Code of the Russian Federation, any interested parties whose interests have been infringed have the right to challenge.
Most often, the procedure is carried out by the heirs of the first priority according to the law. These include spouses, children, parents. Some categories of citizens claim a mandatory share, regardless of the contents of the will.

These include:

minors, disabled children;
disabled parents and spouses (pensioners);
disabled dependents who were supported by the testator for at least a year (disabled people of any group).

The size of the obligatory share is half of what is due to the direct heir by law. This norm is reflected in Article 1149 of the Civil Code of the Russian Federation.

Even second-order heirs (grandson, granddaughter, grandmother, grandfather, sister, brother) can file a claim if they consider the heir under the will unworthy. They will need to prove that the citizen committed illegal actions against the testator.

How to revoke a will made in emergency circumstances?

When there is reason to believe that your life hangs in the balance, the law allows for violation of the form of the will when drawing it up. Notarization in this case is not necessary, but still someone must confirm the fact that you drew up the document in a clear mind:

Therefore, the presence of two witnesses is required.
The text must be written by the testator himself.
At the end there should be his signature.

Subsequently, such a document must be “quickly” certified at a notary’s office if the testator remains alive. The time given for this is 1 month from the moment the emergency circumstances cease to exist.

Therefore, it becomes clear that the cancellation of the will does not occur as such, since it is either certified by a notary and becomes an ordinary will, or generally loses its force after a month, without creating any legal consequences.

If we talk about cancellation by replacing one document with another, then a will drawn up during an emergency situation can only be canceled by the same document, that is, written at the time of a real threat to life.

Example : An expedition group, while spending the night in a mountain cave, was covered in snow. One of the group members decided to write a will on December 12, 2015, since food was scarce and he thought he would not survive. Three days passed and on December 15, 2015, he wrote another paper in which he redistributed the property differently. Three days later (12/18/2015) they were rescued. In this case, the second document drawn up will cancel the first. And the first can become a full-fledged will only if the saved testator notarizes it before January 18, 2016.

Questions from our readers

There are some nuances when challenging a will for an apartment. Let's take a closer look at frequently asked questions.

What to do if the apartment has already been sold?

A citizen must go to court by filing an application to extend the deadline for accepting an inheritance and declaring the will invalid. If they are satisfied, the value of the property can be recovered from the heir who sold the property.

But it will not be possible to return the housing. Buyers are recognized as bona fide purchasers. If they did not know about the legal proceedings, the apartment remains with them on a legal basis.

How to avoid dispute?

In order for a will not to be challenged in court, it is necessary:

check the document’s compliance with legal requirements;
take into account the interests of minor children, disabled children and parents;
remember about the heirs who are entitled to an obligatory share;
prove to the notary sanity and free will at the time of drawing up the document (certificate from a psychiatrist, narcologist, invitation of witnesses).

It is also possible to appoint an executor of the will. The document contains the details of a specific person who will monitor the execution of the will of the deceased.

Preliminary work before going to court to challenge a will

Before going to court, it is important to carry out a pre-trial settlement of the dispute as evidence that all possibilities to solve the problem on your own have been exhausted.

Collection of evidence

It is important that they are not unfounded and have documentary evidence. Important evidence may include:

Medical certificates and prescriptions for psychotropic substances, if the testator had serious health problems;
Medical reports from doctors such as a psychiatrist, narcologist;
Video and audio facts about making a will;
Witness statements;
Proof of serving a sentence in prison by an unworthy heir.

All listed documents must be originals or notarized copies. Witnesses must be sane and have clear, material facts.

Preliminary Security Measures

If an inheritance was obtained fraudulently, then the recipient may immediately try to sell it for profit. Therefore, while evidence and facts of his fraud are being collected, it is important to seize the property until the circumstances are clarified. In this case, until the results of challenging the will are received, it is impossible to sell the property due to lack of access to registration actions.

Resolving the issue out of court

If the opponent is a sane person, and the future plaintiff has indisputable facts of his criminal actions in his hands, negotiations can be held, during which all the collected evidence can be provided. In this case, an agreement will be reached before the trial.

In this case, it would not be a bad idea to use the services of a professional lawyer as a negotiator who knows how to conduct convincing negotiations and handle facts.

Where to cancel a will?

This procedure is performed by a notary. Theoretically, anyone, but practically, it is more convenient to contact the one who executed your will, since:

If you contact him, you will not have to perform unnecessary manipulations.
If you contact another notary, you will have to send him a copy of the new will or order by registered mail, and also inform him which particular notary certified them.
If your notary has ceased his activities, check with the Chamber of Notaries (by sending a request) who has been transferred to maintain his archive.

By contacting the same notary office, you will save your time and money. But if it is not possible to do this, any other notary can revoke the will.

Recognition of the heir as unworthy

One of the reasons for challenging a will is the presence of illegal actions on the part of the heir. They can be expressed in opposing the will of the testator or calling on other applicants to take actions aimed at increasing their share of the property.

Another category of unworthy heirs are persons deprived of parental rights and citizens who maliciously evaded fulfilling the duties assigned to them to support the testator. When filing a claim in court, the applicant will need to pay a state fee of 300 rubles.