When does a will come into force after death 2021

Features of inheritance by will

Succession by will is regulated by Ch. 62 of the Civil Code of the Russian Federation and takes precedence over the legal order of inheritance. This provision is established by Art. 1111 Civil Code and Art. 1119 and 1120, which reinforce the significance of the act of expression of will, giving the testator the right:

1. Independently manage the future owners of your personal property, both present and future.
2. Determine the size, ratio and content of hereditary shares.
3. Deprive successors of the right of inheritance by law, all or selectively.
4. At its own discretion, grant persons the right to receive a testamentary refusal.
5. Oblige heirs to fulfill testamentary assignments.
6. Substitute successors in case of refusal of those appointed.
7. Leave several wills https://ros-nasledstvo.ru/kak-pravilno-oformit-i-napisat-zaveshhanie/ that do not contradict each other.

In this case, the right of succession may be vested in:

• any persons specified by the testator, regardless of the presence of family relations;
• children not born but conceived during the life of the testator;
• legal entities;
• international organizations;
• Russian Federation and its constituent entities;
• municipalities;
• foreign states.

But the possibility of disposing of personal property is still not unlimited. Art. 1149 of the Civil Code provides for the right to an obligatory share, which is exercised despite the instructions of the testator. Its owners can claim half of the inheritance that they would have received legally. The following may count on the obligatory share:

1. Children who are minors or otherwise disabled and officially recognized by the testator.
2. Disabled spouse and parents.
3. Dependents who were supported by the testator for at least a year and, if they were not included in the circle of heirs by law, also lived with him.

Example. When drawing up a will, the testator bypassed the adult daughter of his official wife. The stepdaughter was declared incapable of work due to a disability and was supported by her stepfather for a certain period of her life (more than a year). These circumstances gave her grounds to claim part of the inheritance - 1/4 of the apartment, that is, half of what she could have received by law on the basis of her belonging to the same line as the natural son of the now deceased (her mother died several years earlier).

Everything is included in the inheritance

The house or apartment in which the deceased lived, his personal belongings, valuables, transport, other real estate and land, securities, the right to a share in the business. As well as loans and credits, debts (and it doesn’t matter whether the deceased himself owed someone, or was owed to him).

ATTENTION! It is important for heirs under a will to understand the overall picture of the inheritance. It may turn out that, despite the apparent wealth of the testator, all valuable property is mortgaged, and you were bequeathed “only debts.” During the six months during which the inheritance rights will be formalized, the interest on the loans may become more than the value of the property.

In such cases, it would be wiser to waive the right of inheritance so as not to deal with other people's loans. To do this, it is enough simply not to apply for inheritance rights. However, the opposite situation also happens, when during the registration of an inheritance, the value of the property increases many times (this can happen with shares or real estate).

Types of will

The legislation defines three types of wills:

1. Open, notarized.
2. Closed.
3. Committed under extraordinary circumstances.

Open

A standard will is drawn up personally by the testator or, from his words, written down by a notary. In the latter case, the authorized person is obliged to transfer the document to the will-maker for reading and signature. However, if the author of the will is unable, for health reasons or other reasons, to independently read and certify his instructions, other persons can do this for him:

1. The notary will read out loud what is written from the words of the testator and leave a corresponding note on the paper.
2. A specially invited, disinterested witness will sign the will, and the notary will make a note about the reason for this and write down the personal, passport and contact information of the citizen involved.

Then the notary certifies the deed in two copies with his seal and signature. After this, the will is considered executed. One sample remains in the custody of the notary, and the second is transferred to the author.

But an act of unilateral will of a citizen can be drawn up without the participation of a notary. Under certain circumstances, the following have the authority to certify orders for the posthumous transfer of legal relations:

• chief or duty doctors of medical institutions;
• doctors and directors of homes for the disabled or elderly;
• captains of ships sailing under the flags of the Russian Federation;
• expedition leaders;
• commanders of military units;
• heads of prisons and correctional colonies.

The document certified by them is transferred within a reasonable time to the notary office at the place of residence of the testator, if the authorized person has information about this, or to any other notary - this is not important for storing the will.

Closed

A closed act strictly limits access to its contents. The testator draws it up, as a rule, in order to maintain complete secrecy - the orders indicated in it are hidden even from the notary. Access to them is opened only after the death of the author, within 15 days from the date of presentation of the supporting certificate, in the presence of interested persons and at least two witnesses.

The testator achieves complete confidentiality through the following actions:

1. Seals the paper with his own written and signed last will into an envelope.
2. Invites two witnesses and, in their presence, delivers the will to the authorized person.

The notary is responsible for further carrying out the procedure. In the presence of the testator and witnesses, he places the closed document in another envelope and seals it. Then he notes on it information about the originator, place and date of adoption, full names and addresses of witnesses.

In emergency situations

A will written under emergency circumstances is not equivalent in legal force to the options presented above. In order to achieve its recognition, the heirs will have to prove in court the fact of the free will of the testator and the presence of truly extraordinary circumstances when it occurred.

In this case, interested parties should pay attention to the criteria for the validity of such a document:

1. The orders were stated and signed personally by the testator.
2. Its composition can be confirmed by at least two witnesses.
3. The author died within a month of writing the will.

Civil Code of the Russian Federation Part 3

Chapter 62. INHERITANCE BY WILL

Article 1118. General provisions

1. Property can be disposed of in the event of death only by making a will.

2. A will can be made by a citizen who at the time of its making has full legal capacity.

3. The will must be made in person. Making a will through a representative is not allowed.

4. A will may contain the orders of only one citizen. Making a will by two or more citizens is not allowed.

5. A will is a unilateral transaction that creates rights and obligations after the opening of the inheritance.

Article 1119. Freedom of will

1. The testator has the right, at his own discretion, to bequeath property to any persons, to determine in any way the shares of heirs in the inheritance, to deprive one, several or all heirs of the inheritance by law, without indicating the reasons for such deprivation, and in cases provided for by this Code, to include other orders in the will . The testator has the right to cancel or change the completed will in accordance with the rules of Article 1130 of this Code. (as amended by Federal Law dated December 18, 2006 N 231-FZ)

Freedom of testament is limited by the rules on compulsory share in inheritance (Article 1149).

2. The testator is not obliged to inform anyone about the contents, completion, amendment or cancellation of the will.

Article 1120. The right to bequeath any property

The testator has the right to make a will containing a disposition of any property, including that which he may acquire in the future.

The testator can dispose of his property or any part of it by drawing up one or more wills.

Article 1121. Appointment and sub-appointment of an heir in a will

1. The testator may make a will in favor of one or more persons (Article 1116), both included and not included in the circle of heirs by law.

2. The testator may indicate in the will another heir (sub-heir) in the event that the heir appointed by him in the will or the heir of the testator by law dies before the opening of the inheritance, or simultaneously with the testator, or after the opening of the inheritance, without having time to accept it, or does not accept it inheritance for other reasons or refuses it, or will not have the right to inherit or will be excluded from inheritance as unworthy.

Article 1122. Shares of heirs in bequeathed property

1. Property bequeathed to two or more heirs without indicating their shares in the inheritance and without indicating which things or rights included in the inheritance are intended for which of the heirs is considered bequeathed to the heirs in equal shares.

2. An indication in the will of parts of an indivisible thing (Article 133) intended for each of the heirs in kind does not entail the invalidity of the will. Such a thing is considered bequeathed in shares corresponding to the value of these parts. The procedure for the use of this indivisible thing by the heirs is established in accordance with the parts of this thing assigned to them in the will.

In a certificate of the right to inheritance in relation to an indivisible thing bequeathed in parts in kind, the shares of the heirs and the procedure for using such thing with the consent of the heirs are indicated in accordance with this article. In the event of a dispute between heirs, their shares and the procedure for using the indivisible thing are determined by the court.

Article 1123. Secrecy of a will

A notary, another person certifying a will, a translator, an executor of a will, witnesses, as well as a citizen signing a will instead of the testator, do not have the right to disclose information regarding the contents of the will, its execution, modification or cancellation before the opening of the inheritance.

In case of violation of the secrecy of a will, the testator has the right to demand compensation for moral damage, as well as use other methods of protecting civil rights provided for by this Code.

Article 1124. General rules regarding the form and procedure for making a will

1. A will must be drawn up in writing and certified by a notary. Certification of a will by other persons is permitted in the cases provided for in paragraph 7 of Article 1125, Article 1127 and paragraph 2 of Article 1128 of this Code.

Failure to comply with the rules established by this Code regarding the written form of a will and its certification entails the invalidity of the will.

Drawing up a will in simple written form is permitted only as an exception in the cases provided for in Article 1129 of this Code.

2. In the event that, in accordance with the rules of this Code, when drawing up, signing, certifying a will or when transferring a will to a notary, witnesses are present, they cannot be such witnesses and cannot sign the will instead of the testator:

a notary or other person certifying a will;

the person in whose favor a will is drawn up or a testamentary refusal is made, the spouse of such a person, his children and parents;

citizens who do not have full legal capacity;

illiterate;

citizens with physical disabilities that clearly do not allow them to fully understand the essence of what is happening;

persons who do not sufficiently speak the language in which the will is drawn up, with the exception of the case when a closed will is drawn up.

3. In the event that, in accordance with the rules of this Code, when drawing up, signing, certifying a will or when transferring it to a notary, the presence of a witness is mandatory, the absence of a witness when performing these actions entails the invalidity of the will, and the non-compliance of the witness with the requirements established by paragraph 2 of this article may be grounds for invalidating a will.

4. The will must indicate the place and date of its certification, except for the case provided for in Article 1126 of this Code.

Article 1125. Notarized will

1. A notarized will must be written by the testator or recorded from his words by a notary. When writing or recording a will, technical means (electronic computer, typewriter and others) can be used.

2. A will, written down by a notary from the words of the testator, must be fully read by the testator in the presence of the notary before it is signed. If the testator is unable to 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 was unable to personally read the will.

3. The will must be signed by the testator himself. If the testator, due to physical disabilities, serious illness or illiteracy, cannot sign the will with his own hand, it, at his request, can be signed by another citizen in the presence of a notary. The will must indicate the reasons why the testator could not sign the will with his own hand, as well as the last name, first name, patronymic and place of residence of the citizen who signed the will at the request of the testator, in accordance with the identity document of this citizen.

4. When drawing up and notarizing a will, a witness may be present at the request of the testator.

If a will is drawn up and certified in the presence of a witness, it must be signed by him and the last name, first name, patronymic and place of residence of the witness must be indicated on the will in accordance with the document proving his identity.

5. The notary is obliged to warn the witness, as well as the citizen signing the will instead of the testator, about the need to maintain the secrecy of the will (Article 1123).

6. When certifying a will, the notary is obliged to explain to the testator the content of Article 1149 of this Code and make an appropriate inscription about this on the will.

7. In cases where the right to perform notarial acts is granted by law to officials of local government bodies and officials of consular offices of the Russian Federation, the will may be certified instead of a notary by the appropriate official in compliance with the rules of this Code on the form of the will, the procedure for its notarization and the secrecy of the will .

Article 1126. Closed will

1. The testator has the right to make a will without giving other persons, including a notary, the opportunity to familiarize themselves with its contents (closed will).

2. A closed will must be personally written and signed by the testator. Failure to comply with these rules entails the invalidity of the will.

3. A closed will in a sealed envelope is transferred by the testator to the notary in the presence of two witnesses who put their signatures on the envelope. The envelope signed by the witnesses is sealed in their presence by a notary in another envelope, on which the notary makes an inscription containing information about the testator from whom the closed will was accepted by the notary, the place and date of its acceptance, surname, first name, patronymic and place of residence of each witness in accordance with the identity document.

When accepting an envelope with a closed will from the testator, the notary is obliged to explain to the testator the contents of paragraph 2 of this article and Article 1149 of this Code and make an appropriate inscription about this on the second envelope, as well as issue the testator a document confirming the acceptance of the closed will.

4. Upon presentation of the death certificate of the person who made a closed will, the notary, no later than fifteen days from the date of presentation of the certificate, opens the envelope with the will in the presence of at least two witnesses and interested persons from among the legal heirs who wish to be present. After opening the envelope, the text of the will contained in it is immediately read out by the notary, after which the notary draws up and, together with the witnesses, signs a protocol certifying the opening of the envelope with the will and containing the full text of the will. The original will is kept by the notary. The heirs are given a notarized copy of the protocol.

Article 1127. Wills equivalent to notarized wills

1. The following are equivalent to notarized wills:

1) wills of citizens undergoing treatment in hospitals, hospitals, other inpatient medical institutions or living in homes for the elderly and disabled, certified by the chief physicians, their deputies for medical affairs or the doctors on duty of these hospitals, hospitals and other inpatient medical institutions, as well as heads of hospitals, directors or chief doctors of homes for the elderly and disabled;

2) wills of citizens who are sailing on ships flying the State Flag of the Russian Federation, certified by the captains of these ships;

3) 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; (as amended by Federal Law dated June 5, 2012 N 51-FZ)

4) 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;

5) wills of citizens in places of deprivation of liberty, certified by the heads of places of deprivation of liberty.

2. A will, equivalent to a notarized will, must be signed by the testator in the presence of the person certifying the will and a witness also signing the will.

Otherwise, the rules of Articles 1124 and 1125 of this Code are applied to such a will accordingly.

3. A will certified in accordance with this article must, as soon as possible, be sent by the person who certified the will, through the territorial bodies of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, to a notary in place of residence of the testator. If the person who certified the will knows the place of residence of the testator, the will is sent directly to the relevant notary. (as amended by Federal Law dated April 29, 2008 N 54-FZ)

4. If in any of the cases provided for in paragraph 1 of this article, a citizen intending to make a will expresses a desire to invite a notary for this and there is a reasonable opportunity to fulfill this desire, the persons who, in accordance with this paragraph, are granted the right to certify the will, are obliged take all measures to invite a notary to the testator.

Article 1128. Testamentary dispositions of rights to funds in banks

1. The rights to funds contributed by a citizen to a deposit or located in any other account of a citizen in a bank may, at the discretion of the citizen, be bequeathed either in the manner provided for in Articles 1124-1127 of this Code, or by making a testamentary disposition in writing in that branch the bank where this account is located. In relation to the funds in the account, such a testamentary disposition has the force of a notarized will.

2. A testamentary disposition of rights to funds in a bank must be personally signed by the testator, indicating the date of its preparation, and certified by a bank employee who has the right to accept for execution the client’s orders regarding the funds in his account. The procedure for making testamentary dispositions of funds in banks is determined by the Government of the Russian Federation.

3. Rights to funds in respect of which a testamentary disposition has been made in the bank are included in the inheritance and are inherited on a general basis in accordance with the rules of this Code. These funds are issued to the heirs on the basis of a certificate of the right to inheritance and in accordance with it, with the exception of cases provided for in paragraph 3 of Article 1174 of this Code.

4. The rules of this article apply accordingly to other credit institutions that are granted the right to attract funds from citizens into deposits or other accounts.

Article 1129. Will in emergency circumstances

1. A citizen who is in a situation that clearly threatens his life and, due to the prevailing emergency circumstances, is deprived of the opportunity to make a will in accordance with the rules of Articles 1124-1128 of this Code, may express his last will in relation to his property in simple written form.

The presentation of a citizen's last will in simple written form is recognized as his will if the testator, in the presence of two witnesses, personally wrote and signed a document, from the content of which it follows that it constitutes a will.

2. A will made in the circumstances specified in paragraph one of paragraph 1 of this article shall lose force if the testator, within a month after the termination of these circumstances, does not take advantage of the opportunity to make a will in any other form provided for in Articles 1124-1128 of this Code.

3. A will made in emergency circumstances in accordance with this article is subject to execution only if the court, at the request of interested parties, confirms the fact that the will was made in emergency circumstances. This requirement must be submitted before the expiration of the period established for acceptance of the inheritance.

Article 1130. Cancellation and modification of a will

1. The testator has the right to cancel or change the will he has drawn up at any time after its execution, without indicating the reasons for its cancellation or change.

To cancel or change a will, no one's consent is required, including the persons appointed as heirs in the will being canceled or changed.

2. The testator has the right, through a new will, to cancel the previous will as a whole or to change it by canceling or changing individual testamentary dispositions contained in it.

A subsequent will, which does not contain direct instructions to cancel the previous will or individual testamentary dispositions contained therein, cancels this previous will in whole or in part in which it contradicts the subsequent will.

A will canceled in whole or in part by a subsequent will is not restored if the subsequent will is canceled by the testator in whole or in the relevant part.

3. In case of invalidity of a subsequent will, inheritance is carried out in accordance with the previous will.

4. A will can also be revoked by means of an order to revoke it. An order to revoke a will must be made in the form established by this Code for the execution of a will. The rules of paragraph 3 of this article are accordingly applied to the order to cancel a will.

5. By a will made in emergency circumstances (Article 1129), only the same will can be canceled or changed.

6. A testamentary disposition in a bank (Article 1128) can only cancel or change a testamentary disposition of rights to funds in the corresponding bank.

Article 1131. Invalidity of a will

1. If the provisions of this Code are violated, entailing the invalidity of a will, depending on the grounds for invalidity, the will is invalid due to its recognition as such by the court (disputable will) or regardless of such recognition (void will).

2. A will may be declared invalid by a court upon the claim of a person whose rights or legitimate interests are violated by this will. Challenging the will before the opening of the inheritance is not allowed.

3. Misprints and other minor violations of the procedure for its preparation, signing or certification cannot serve as grounds for the invalidity of a will, if the court has established that they do not affect the understanding of the will of the testator.

4. Both the will as a whole and the individual testamentary dispositions contained in it may be invalid. The invalidity of individual instructions contained in the will does not affect the rest of the will, if it can be assumed that it would have been included in the will in the absence of instructions that are invalid.

5. The invalidity of a will does not deprive persons. indicated therein as heirs or legatees. the right to inherit by law or on the basis of another valid will.

Article 1132. Interpretation of a will

When interpreting a will by a notary, executor or court, the literal meaning of the words and expressions contained therein is taken into account.

If the literal meaning of any provision of the will is unclear, it is established by comparing this provision with other provisions and the meaning of the will as a whole. In this case, the most complete implementation of the intended will of the testator must be ensured.

Article 1133. Execution of a will

The execution of a will is carried out by the heirs under the will, with the exception of cases when its execution in full or in a certain part is carried out by the executor of the will (Article 1134).

Article 1134. Executor of a will

1. The testator may entrust the execution of a will to the citizen indicated in the will - the executor (executor of the will), regardless of whether this citizen is an heir.

The consent of a citizen to be the executor of a will is expressed by this citizen in his own handwritten inscription on the will itself, or in a statement attached to the will, or in a statement submitted to a notary within a month from the date of opening of the inheritance.

A citizen is also recognized as having agreed to be the executor of a will if he, within a month from the date of opening of the inheritance, actually began to execute the will.

2. After the opening of the inheritance, the court may release the executor of the will from his duties as at the request of the executor of the will. and at the request of the heirs in the presence of circumstances that prevent the citizen from fulfilling these duties.

Article 1135. Powers of the executor of a will

1. The powers of the executor of a will are based on the will by which he is appointed executor and are certified by a certificate issued by a notary.

2. Unless otherwise provided in the will, the executor of the will must take the measures necessary for the execution of the will, including:

1) ensure the transfer to the heirs of the inherited property due to them in accordance with the will of the testator and the law expressed in the will;

2) take measures independently or through a notary to protect the inheritance and manage it in the interests of the heirs;

3) receive funds and other property due to the testator for transfer to their heirs, if this property is not transferable to other persons (clause 1 of Article 1183);

4) execute a testamentary assignment or demand from the heirs the execution of a testamentary refusal (Article 1137) or a testamentary assignment (Article 1139).

3. The executor of a will has the right, on his own behalf, to conduct affairs related to the execution of the will, including in court, other government bodies and government agencies.

Article 1136. Reimbursement of expenses associated with the execution of a will

The executor of a will has the right to compensation from the inheritance for the necessary expenses associated with the execution of the will, as well as to receive remuneration in excess of the expenses from the inheritance, if this is provided for by the will.

Article 1137. Testamentary refusal

1. The testator has the right to assign to one or more heirs by will or by law the fulfillment, at the expense of the inheritance, of any obligation of a property nature in favor of one or more persons (legatees), who acquire the right to demand the fulfillment of this obligation (testamentary refusal).

A testamentary refusal must be established in the will. The contents of the will may be limited to the testamentary refusal.

2. The subject of a testamentary refusal may be the transfer to the legatee of ownership, possession on another property right or for use of a thing included in the inheritance, transfer to the legatee of a property right included in the inheritance, acquisition for the legatee and transfer to him of other property, fulfillment of certain property for him work or provision of a certain service to him or making periodic payments in favor of the legatee, etc.

In particular, the testator may impose on the heir to whom a residential house, apartment or other residential premises is transferred the obligation to provide another person with the right to use this premises or a certain part of it for the period of this person’s life or for another period.

Upon subsequent transfer of ownership of the property that was part of the inheritance to another person, the right to use this property granted by testamentary refusal remains in force.

3. To the relationship between the legatee (creditor) and the heir. to whom the testamentary legacy is entrusted (by the debtor), the provisions of this Code on obligations are applied, unless otherwise follows from the rules of this section and the substance of the testamentary legacy.

4. The right to receive a testamentary refusal is valid for three years from the date of opening of the inheritance and does not pass to other persons. However, the legatee in the will may be assigned another legatee in the event that the legatee appointed in the will dies before the opening of the inheritance or at the same time as the testator, or refuses to accept the testamentary refusal or does not exercise his right to receive a testamentary refusal, or loses the right to receive a testamentary refusal in in accordance with the rules of paragraph 5 of Article 1117 of this Code.

Article 1138. Execution of a testamentary refusal

1. The heir to whom the testator has entrusted a testamentary refusal must fulfill it within the limits of the value of the inheritance passed to him minus the debts of the testator attributable to him.

If the heir to whom the testamentary refusal is entrusted has the right to an obligatory share in the inheritance, his obligation to fulfill the refusal is limited to the value of the inheritance transferred to him, which exceeds the size of his obligatory share.

2. If a testamentary refusal is assigned to several heirs, such refusal burdens the right of each of them to inheritance in proportion to his share in the inheritance insofar as the will does not provide otherwise.

3. If the legatee died before the opening of the inheritance or at the same time as the testator, or refused to receive a testamentary refusal (Article 1160) or did not exercise his right to receive a testamentary refusal within three years from the date of opening of the inheritance, or lost the right to receive a testamentary refusal in accordance with with the rules of Article 1117 of this Code, an heir obligated to execute a testamentary refusal is released from this obligation, except for the case when another legatee is assigned to the legatee.

Article 1139. Testamentary assignment

1. A testator may in a will impose on one or more heirs by will or by law the obligation to perform any action of a property or non-property nature aimed at achieving a generally beneficial purpose (testamentary assignment). The same obligation may be assigned to the executor of a will, provided that a part of the inherited property is allocated in the will for the execution of the testamentary assignment.

The testator also has the right to impose on one or more heirs the obligation to maintain the testator's pets, as well as to provide the necessary supervision and care for them.

2. The rules of Article 1138 of this Code apply to testamentary assignments, the subject of which are actions of a property nature.

3. Interested persons, the executor of the will and any of the heirs have the right to demand execution of the testamentary assignment in court, unless otherwise provided by the will.

Article 1140. Transfer to other heirs of the obligation to fulfill a testamentary refusal or testamentary assignment

If due to circumstances provided for by this Code. the share of the inheritance due to the heir who was entrusted with the obligation to fulfill a testamentary refusal or testamentary assignment passes to other heirs, the latter, insofar as it does not follow otherwise from the will or law, are obliged to fulfill such refusal or such assignment.

Compilation requirements

Despite the various nuances in design, the requirements for their preparation are the same. Necessarily:

1. The presence of free will of the testator. Orders made under threats, pressure or under the influence of material deception may be challenged in court.
2. The expression of the will of only one citizen in one document, a collective will, is invalid.
3. Presence of the personal signature of the testator (except for a small deviation for a notarized deed, which was mentioned above).
4. A note on the date of drawing up the document (necessary to determine which of the orders is current, since each subsequent will cancels the previous one in clauses that contradict each other).
5. The absence of provisions that violate the norms of law, morality and morality.

Extraordinary circumstances and drafting a declaration of will

Life situations, when a person’s will to dispose of property is formalized in situations that are dangerous to his life, are considered emergency. Does not require notarization. A posthumous order drawn up under special conditions is valid, but before that there will be a trial in court. It must confirm that the expression of will is legal and that there really were extraordinary special circumstances.

If the court confirms the document drawn up in these conditions, it will enter into legal force the next day after the end of the meeting.

Effective time

The will comes into force simultaneously with the opening of the inheritance, that is, from the date of death of the testator. From this moment, the appointed successors have the opportunity to accept the property, rights and obligations determined for them by the testator during his lifetime.

The date of opening of the inheritance is confirmed by the date indicated in the medical report and subsequently in the death certificate. If there is no such information (the body of the testator was not found), the day of his death is established by the court. This happens when:

• the testator did not appear at his place of residence and his family members did not hear anything about him for five years;
• six months have passed since he disappeared under life-threatening circumstances;
• the serviceman did not return to his place of residence and did not make himself known in any way from the day he disappeared and after two years had passed from the end of hostilities.

This is interesting: Is there a statute of limitations for a will in 2021?

It is important for heirs to remember that the validity period of a document is limited to six months from the date of death of its originator. After this period, the inheritance is considered not accepted and the rights to it are transferred to the designated successors, distributed among those who have already registered the property of the deceased or those who in this case acquire the possibility of inheritance by law.

The period can be extended only if the omission was made for valid reasons, and the “unpunctual” citizen will be able to prove this to the court. Or rely on the goodwill of the remaining heirs, who, after registering their rights, will give unanimous permission to include the late successor in their circle.

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.

Algorithm of actions of the heir

Having learned about the entry into force of the will, you can do the following: accept the inheritance in fact, register it with a notary, or refuse it.

It is often difficult for heirs to understand all the nuances of succession. And this is not surprising, because without prior preparation, few people are able to understand the complex legal terms of numerous chapters and articles. But you still need to be able to apply them in practice, and the more complicated the situation, the more difficult it is to choose the optimal algorithm of action for it.

The situation can also be significantly worsened “thanks to” the abundance of varied, often false, information about the procedure and rules of inheritance, which is generously distributed by random “experts”. And as a result - missed opportunities, including loss of inheritance rights. This can be avoided with the help of timely and free assistance from lawyers of the site ros-nasledstvo.ru, who will orient you in current legislative norms, suggest the main directions for solving a specific problem and, with further cooperation, will assist in its resolution.

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Useful information on the topic

According to the legislation of the Russian Federation on taxes and fees upon entry into

The presence of family ties is the main condition for a calling to inheritance.

There are different reasons for refusing inheritance. Among them.

Registration of a car received as an inheritance requires the presence of an established list of documents.

After receiving the inheritance, the successors can dispose of it at their own discretion.

To take possession of inherited property, you must accept it. Exists.

Will made in emergency circumstances

Lack of notarization does not always lead to loss of legal force. If an official who has the right to endorse the expression of will is present at the signing, the paper has the same force. The main thing is that the head physician or captain of the ship fully indicates the position and signs an autograph with a transcript (full name). Passport details and service ID details are also entered.

After this, as soon as possible, the will is sent to the notary, who puts the appropriate registration marks and forwards it to the notary’s archive. The document is stored there until it is opened, after which the conditions described in it come into force. Moreover, they are orders subject to execution. Such an expression of will is contested in the standard manner.

The court will accept for consideration a complaint supported by evidence that the paper was drawn up with violations. This may be the absence of a resolution from an official, an indication of property that does not belong to the testator, a reason to doubt that he is legally capable, etc. As evidence, you can use the testimony of witnesses, the presence of which is mandatory when compiling. Without their signatures, the force is lost and the document is considered void.

How long does it take for a will to come into effect?

Under current law, the only way to dispose of owned property in the event of death is by drawing up a will.

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From a legal point of view, the document is a unilateral transaction.

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.

Transfer of inheritance

The transfer of inheritance in the Russian Federation can be carried out in two ways - by law and by will, and the second form of inheritance has priority.

Only the following persons have the ability to make a will:

• citizens who have reached the age of majority or are emancipated;
• persons with full legal capacity;
• testators expressing their will personally.

A will can only make provisions for one person's property. Joint preparation of this document is prohibited - it will not be recognized as valid.

It is important to take into account that testamentary dispositions cannot be drawn up through a representative, even if he has a general power of attorney.

The expression of will itself must be certified by a notary.

If at least one of the listed requirements is violated, the will may be declared invalid through the court. If the entry into inheritance rights under it has already taken place, then it can be challenged.

How to register property rights to inheritance

This is the final stage of inheritance. The property is now yours, and you are faced with the task of obtaining full rights to it. In fact, all procedures are not much different from those that citizens undergo who have acquired property or received it as a gift.

To re-register real estate and land plots, you should contact Rosreestr, to re-register a vehicle - to the traffic police. You should have a passport, property documents, and a certificate of inheritance with you.

All this can be done after the 6 months allotted for entering into inheritance rights have expired.

The legislative framework

The regulatory and legal basis for the topic of the article is Part 3 of the Civil Code of the Russian Federation with all amendments and changes.

It establishes the rules for drawing up a will, its content and form, and the need for notarization.

Some rules of inheritance law may include the Federal Law “On Notaries”.

Compilation rules

The main rule when drawing up a will is compliance with such principles as freedom and secrecy of disposal.

Their essence is that the testator has the right to transfer the property to any heirs in independently determined shares, while he is not obliged to report the preparation or contents of the document.

When drawing up a testamentary disposition, it is important to take into account some nuances:

• if not all the property belonging to the testator is distributed in the will, then the remaining part will be transferred to the heirs by law;
• the testator independently determines the circle of heirs, and he can deprive the successors of property by law without specifying a reason, in this case the freedom of a will will be limited only by the concept of a compulsory share (Article 1149 of the Civil Code of the Russian Federation);
• the document may include instructions on property that will be acquired by him in the future;
• the possibility of sub-appointing an heir if there are fears that the appointed successor will not live to see the opening of the estate or will refuse his share.

It is important that the will must be drawn up in writing and certified by a notary office.

The document will not be valid if there is no personal signature of the testator. However, if the latter, due to physical disabilities or illiteracy, cannot sign it independently, then, at his request, the will is signed by another person in the presence of witnesses and a notary.

The testator has a wide range of rights, including the cancellation or correction of the provisions of the testamentary disposition.

He can cancel the document without specifying reasons at any time - just his own desire is enough. Amendments to the text will also not require the consent of third parties.

Required documents

To draw up a will, only one document is required – the testator’s passport.

If the testator is a person who has reached retirement age, the notary may ask for a certificate confirming legal capacity.

By the way, he can require such a document from each client. In the future, its presence will allow you to avoid challenging the document due to the testator being “out of his mind.”

If the execution of a testamentary disposition takes place in a notary’s office, then you can take the documentation for the transferred property with you.

For example, if the order concerns living space, it is recommended to prepare:

• technical and cadastral passport;
• certificate confirming ownership.

This will allow you to correctly describe the property being inherited.

Is it possible to revoke a will? See here.

Step-by-step instructions for entering into an inheritance according to a will

This is usually the case in historical films. A notary comes to the house of the deceased, solemnly opens the will and reads it to the relatives. After which the heirs either take over the rights or argue in court.

In ordinary life, you can’t count on this (unless, of course, the testator kept his own notary on his payroll). Therefore, first you have to check for yourself whether the deceased relative left a will. So.

1. Find out whether there was a will. This may not be necessary, since the testator has long told all family members what to expect after his death and even named the notary holding the will. If not, go to any notary office and inquire. All wills are entered into a special register, and any notary will tell you whether a given citizen made a will, and if so, which notary certified it and stores it.
2. Prepare the necessary package of documents (we will discuss this in more detail below).
3. When everything is ready, go to the notary who keeps the will and go through the procedure for entering into inheritance rights

When does a will come into force?

When does a will come into force? Knowing the answer to this question is important for the heirs, since only from the moment the testamentary disposition comes into force can one open an inheritance case with a notary and accept the property.

After the death of the testator

A will is a written order that has legal force, but it comes into full effect only after the death of the testator and the opening of the estate.

Consequently, the testamentary disposition is announced to the heirs, and the latter's right to the property of the testator arises only after the death of the latter.

This is confirmed by the need to submit a death certificate to the notary.

For an apartment

Entering into inheritance rights to an apartment includes several stages:

1. Submitting an application for the right of inheritance to an employee of the notary chamber.
2. Opening an inheritance case.
3. Preparation of the necessary documentation.
4. Registration and issuance of a certificate of right to inherited property.
5. Registration of living space, payment of fees.

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.

What do we have to do?

When does a will come into effect after death? After the death of the testator, the period during which you can exercise your rights to inheritance begins to be calculated. The legislation establishes a period of 6 months.

Six months begin to be calculated from the day that follows the event that led to the opening of the hereditary estate:

• death of the testator;
• entry into force of a court decision declaring a citizen dead;
• the birth of a successor after the death of the author of the order;
• refusal of the heir to receive his share.

It is important that in the latter situation the next heir is obliged to accept the property within three months.

Mandatory share of inheritance - what does this concept mean?

Every citizen, of course, has the right to bequeath his own property to anyone he deems worthy, be it his relative, loved one, neighbor, friend, charitable foundation or other legal entity.

However, the law identifies certain categories of citizens who, under no circumstances, can be completely “disinherited.” These include:

• Children under the age of majority
• Disabled adult children, spouses, parents of the testator
• Disabled persons who were dependent on the testator at the time of his death

Whether specified or not specified in the will, the law regulates the specific share that disabled dependents must receive as an inheritance.

This mandatory share must be no less than 50% of what disabled dependents would receive under the usual, legal order of succession.

To make it clearer, let's give an example.

A woman leaves all her property as an inheritance to her niece (the daughter of her deceased sister), leaving her two daughters and her husband without an inheritance. One daughter is 25 years old, the second is 15, her husband is a disability pensioner. Thus, her family has two members who have the right to receive a compulsory inheritance share: a teenage daughter and a disabled spouse.

They are the heirs of the first stage, while the niece is the heir of the second stage, since the inheritance rights of the testator's sister were transferred to her. If there were no will, she would not have the right of inheritance at all, since there are heirs of the first priority. The two daughters and husband would split the inheritance equally, 1/3 each.

The testator's adult, able-bodied daughter has no right to inheritance, since she is not specified in the will. But the minor daughter and disabled husband should receive 50% of what would have been legally due to them in the absence of a will. That is, 1/6 of the inheritance each.

Thus, the inherited property is divided into the following parts: 1/6 goes to the husband, 1/6 to the minor daughter, and 4/6 (2/3) goes to the niece.

Features of a closed order

In some cases, the testator does not want the contents of the will to become known to the employee of the notary chamber.

In this case, a closed expression of will is drawn up, provided for in Article 1126 of the Civil Code of the Russian Federation.

A closed will can only be drawn up by hand by the testator - it cannot be written down by a notary from the words of the testator.

If the rules for drawing up a document are not followed, it is considered invalid and has no legal force.

What is freedom of will? Read here.

How to make a will for a house? Detailed information in this article.

The will is handed over in a sealed envelope in the presence of at least two witnesses.

The notary does not print the document, but draws up a protocol on the envelope. It contains information about the testator and witnesses.

The conclusion is the issuance to the testator of a document confirming that he has drawn up a closed will.

Features of will law

The Civil Code provides for almost all life situations that arise among the population of the Russian Federation. This also applies to issues of inheritance. Part 3 of the Civil Code of the Russian Federation is devoted to the intricacies of resolving testamentary disputes. There is no separate code in this area. Also, some provisions on inheritance can be found in the federal law “On Notaries”, the Tax and Family Codes.

The essence of the wording of the will:

1. Must be drafted on the basis of free will.

An owner who wants to dispose of his property does so under any conditions, unless they contradict accepted laws. You can transfer it to both individuals and legal entities, at your discretion.

1. The authorized representative must keep the instructions confidential.

The originator is not obligated to share the decision with potential beneficiaries. This data is strictly confidential information.

Video about the validity of the will

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Acceptance of an inheritance is carried out in two ways. The classic scheme is that the heirs assume their rights according to the law. The principle of priority applies here. The owner of the property can also leave wills. If there is a written order, the circle of applicants and the size of their shares can be significantly changed. Up to the exclusion of a family member from the legal successors. The procedure for drawing up a will and its validity period are determined by law.

Types of wills

Initially, you need to consider the existing types of administrative documents. Each of them has its own characteristics. The law provides for three types of orders:

1. Ordinary. The order can be general or detailed. The first option involves the posthumous alienation of property that belongs to a person or may be acquired by him in the future. The list of property in the will is not displayed. The second option is more specific. The testator indicates a complete list of property and the composition of beneficiaries. At the same time, the will indicates the size of the applicants' shares. If necessary, the owner can assign an apartment to one person, and a car or shares to another. Both types of wills may contain a condition. The testator has the right to oblige the heir to make targeted payments at the expense of the property or to provide residential premises to the legatee. The law also allows you to appoint an heir in the event of the death of the main applicant or to attract an executor. The only limitation is that the testator does not have the right to deprive the compulsory heirs of property. Such persons are entitled to at least ½ of the successor's share by law.
2. Closed. Such a will can be general or detailed. The main difference from the previous document is that the order is written personally by the owner of the property. The document must have all the mandatory characteristics of a will. The posthumous expression of the will of the citizen should be clear from its content. The will is dated and signed by the testator. The document is placed in an envelope and handed over to the notary representative. There must be witnesses when transmitting it. The testator may not show the contents of the will to third parties, including a notary. Upon receipt of the order, the notary transfers it to another envelope, after which he makes a notarial inscription. At the same time, the provisions of Article 1149 of the Civil Code of the Russian Federation are explained to the testator. After which responsibility for the legality of the contents of the document falls on the testator.
3. An order made in emergency circumstances. This type of order is somewhat different from previous documents. The basic requirement is that the order is made in writing and only if circumstances arise that threaten the life of the testator and exclude the possibility of notarization of the document. There must be witnesses when making a will. However, in judicial practice there are cases of issuing an order without the participation of witnesses. Each situation is studied individually. Acceptance of an inheritance under such a will occurs after its approval by the court.

The untested part of the property is inherited by the relatives of the deceased subject in order of priority. The priority heirs are members of the testator's family. If the order applies to part of the property, then the legal successors can accept the inheritance on two grounds at once.

The essence of a will and the basic principles of its preparation

The main task solved by a will after it comes into force is to preserve the main freedom of the property owner. We are talking about the right to dispose of property. This refers to intravital orders, so that even when the will-maker is recognized as deceased, his wishes are taken into account during inheritance. Therefore, the expression of will is endowed with such force that it is the dominant document in the distribution of inherited shares.

Property rights are assigned by the testator. It is he who determines who will receive what property and what must be done for this. Special conditions often involve a duty of care for animals and dependent people. It is also possible that the heir must give birth to a child, get married, or remain single. This manifests freedom of expression, protected at the legislative level.

At the time of contacting the notary, the owner decides what will happen if the heir dies before the testamentary disposition comes into force. Sub-appointed successors are considered to be persons indicated as successors in the event of the death of the main applicant or his refusal to accept the property. The notary will approve and certify any requirement that does not contradict the laws. The latter means that the testator is capable and voluntarily transfers the inherited objects.

Procedure for issuing an order

To make a posthumous disposition, the testator needs to contact a notary office. The notary is obliged to establish the identity and verify the legal capacity of the citizen. After which the testator will be explained his rights and obligations. Every notary has a sample order. If the testator wishes to make changes to it regarding the composition of the property or the responsibilities assigned to the heirs, then he can voice his wishes. The notary will supplement the document and give it again for review. If necessary, you can provide your own sample order. The notary will check it for legality. If there are no comments, the document is signed by the testator and certified by a notary. After which the data is entered into the appropriate register.

One copy of the order is given to the testator, the second remains with the notary. If necessary, the testator or heir will be able to obtain a duplicate of the order.

Required documents

The legislator has simplified the procedure for drawing up a will as much as possible. The owner of the property only needs to have a passport, a list of heirs and money to pay the fee. However, to avoid mistakes, sometimes a notary requires title documents for property. Such a requirement should not be regarded as an abuse of official duties. The slightest error in the number or date of issue of the document, the name or surname of the applicant, the address or name of the property may lead to a refusal to subsequently issue a certificate. It takes months or years to correct such errors. Citizens will have to contact the court, consulate or government agencies of another country.

Therefore, if there are different types of property (apartment, shares, deposit) and/or several legal successors, it is advisable to prepare documents confirming the property rights of the testator.

If the copyright holder makes a general will, then it is enough to have a passport of a citizen of the Russian Federation and a list of applicants (full name, residential addresses).

To make an emergency order, you will need a piece of paper and a pen. The document indicates the identifying information of the testator, legal successors and alienated property. Also, the order must contain the signatures of witnesses with a transcript of their first and last names. The absence of initial data will subsequently lead to the court’s rejection of the potential heir’s application (Article 1129 of the Civil Code of the Russian Federation).

Expenses

For performing notarial acts, citizens are charged a state fee. Its size is determined by the provisions of the Tax Code of the Russian Federation. For registration of a simple or closed will you need to pay 100 rubles. Legal/technical services are paid separately. On average, the testator will have to pay an additional 1000 rubles.

The heirs pay for opening the closed order. The state duty is 300 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

When drawing up an order in emergency circumstances, tax is not withheld. However, when filing an application with the court, legal successors will have to pay 300 rubles.

Costs associated with registering an inheritance, resolving disputes between claimants, assessing property or subsequent registration of property rights are borne entirely by the heirs.

Sample will

Below is a typical sample order:

The text of the document can be expanded taking into account the actual circumstances and personal preferences of the testator.

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.

Legal force of a will

The key factor when drawing up an administrative document is the moment of its entry into force. However, there are some nuances here.

The order gains force from the moment it is notarized and the data is entered into the state register. The will contains all the necessary details and can be used for its intended purpose. The only condition is the death of the testator. The proof is a death certificate.

During his lifetime, the testator can repeatedly change the contents of the administrative document (Article 1130 of the Civil Code of the Russian Federation). For example, remove someone from the list of heirs, add a new type of property, redistribute property between applicants, or appoint a successor. The heirs have no right to influence the will of the testator. Also, the owner of the property does not need the permission or consent of the heirs to include or exclude anyone from the list of legal successors. Ownership rights remain with the owner of the property throughout his life. He can sell, donate or exchange property without restrictions. However, after the alienation of a specific object, such property is excluded from the inheritance.

As for a closed will, it gains force after the envelope is opened and the text of the document is read out. A legal action does not always take place immediately after the death of the testator. Initially, relatives need to obtain a citizen’s death certificate. Then the application is submitted to the notary. After which he sets a date for opening the envelope. From the moment the heir applies, the notary is given 15 days . Usually the notarial act is performed on the last day of the term.

After the death of the testator, the beneficiaries have the right to accept the inheritance or refuse it. If a will infringes on someone's rights, a potential applicant can challenge the document in court.

If the owner made a will in emergency circumstances, the successor will have to initially go to court. The hearing of the case takes place in a special order. The application is submitted to establish a legal fact. The heir will have to justify the existence of extraordinary circumstances that excluded the possibility of notarization of the document. If there is indisputable evidence, the court will make a positive decision. The procedural act gains force after the expiration of the deadlines provided for filing an appeal. Consequently, the will gains force a month after the announcement of the court decision.

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.