Article 1131 of the Civil Code of the Russian Federation. Invalidity of a will (current version)

Grounds for recognizing the invalidity of a will

Any will is a transaction.
Thus, drawing up a will requires strict compliance with all mandatory conditions for concluding legal transactions. The possibility of invalidating a will is provided for by the legislation of the country after the death of the testator. This is due to the fact that during the life of the testator the terms of the will are not accepted for execution. The possibility of filing a claim to invalidate a will is provided for one or more persons whose rights are violated by this document. In some cases, for example, if a will infringes on the legal rights and interests of incapacitated citizens or minor children, the legal representatives and guardians of these categories of heirs may demand the cancellation of the will. The grounds for challenging a will can be general or special. The list of general grounds includes those grounds that determine the invalidity of a transaction in accordance with Civil Law. This category of grounds includes cases when:

• Legislation and regulations were violated.
• The testator is completely or partially incapacitated by a court decision.
• The testator is recognized as incapable of managing his own actions.
• The will was drawn up fraudulently, the testator was influenced in the form of threats or violence, and so on.

The list of special grounds is much wider. The most common special grounds are expressed in situations such as:

• Neglecting the requirement of a written will. If there is no written document containing the will of the deceased, then this is contrary to current legislation. No other forms of expressing the testator's orders regarding property can be considered valid.
• Incorrect drafting of a will. A will must be notarized. As an alternative, in certain cases it is possible to have the will certified by other authorized persons.
• Absence of the testator's signature (except in cases where the testator does not have the physical ability to sign).
• The presence of inappropriate witnesses when the will is written, signed, witnessed, or delivered. The presence of witnesses is, in principle, provided only at the time the will is made and only if there is a corresponding desire on the part of the testator. However, there are cases when witnesses must be present at the time of making the will. In this case, the witnesses who certified the will, interested persons and their close relatives, fully or partially incapacitated persons, illiterate persons or persons who do not speak a specific language are considered inappropriate. The absence of witnesses, whose presence is mandatory in accordance with the law, also applies to the list of special grounds.
• Placing a signature on the will by hands. This rule is relevant in cases where the executor is interested in certain provisions of the will. It is also impossible for certifying persons who are incompetent, illiterate or do not speak the language to sign. The executor cannot sign wills that are purported to be closed or made in emergency circumstances.
• Drawing up a will by another person or using technical means. This is prohibited in all cases where the will is closed or made in emergency circumstances.

An invalid will may be void or voidable. A void will is drawn up by an incapacitated person or in violation of the established form. In fact, an insignificant will initially has no legal force and is invalid without the obligatory receipt of an appropriate decision in the courts. At the same time, the fact that the document is null and void requires mandatory confirmation by the courts. A contestable will provides for the possibility of challenging it in court. A statement of claim can be filed by all persons whose rights are violated by this will - both those who disagree with the part of the inheritance allocated to them, and those who are completely deprived of the inheritance.

Judicial practice under Article 1131 of the Civil Code of the Russian Federation

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 03/05/2019 N 11-КГ19-1
According to paragraph 1 of Article 1131 of the Civil Code of the Russian Federation, in case of violation of the provisions of the said Code, entailing the invalidity of a will, depending on the grounds for invalidity, the will is invalid due to its recognition by such a court (disputed will) or regardless of such recognition (void will).

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 06.08.2019 N 64-KG19-3

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 (clauses 1, 2 of Article 1131 of the Civil Code of the Russian Federation). By virtue of the provisions of paragraphs 1, 2 of Article 1141 of the Civil Code of the Russian Federation, heirs by law are called upon to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of the said Code. The heirs of each subsequent order inherit if there are no heirs of previous orders, that is, if there are no heirs of previous orders, or none of them has the right to inherit, or all of them are excluded from inheritance (Article 1117), or are deprived of inheritance (clause 1 of Article 1119), either none of them accepted the inheritance, or all of them renounced the inheritance. Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation (Article 1146).

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated June 13, 2017 N 19-КГ17-8

According to paragraphs 1 and 2 of Article 1131 of the Civil Code of the Russian Federation, in case of violation of the provisions of this code, entailing the invalidity of the 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) . 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.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 09/05/2017 N 5-КГ17-151

According to the provisions of Article 1131 of the Civil Code of the Russian Federation, in case of violation of the provisions of this Code, 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) (clause 1 ). 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 determined that they do not affect the understanding of the will of the testator (clause 3).

Procedure for invalidating wills

As mentioned above, depending on the type of grounds according to which a will is recognized as officially illegal, such a will may be voidable (invalid by a court decision) or void (invalid regardless of court decisions). It is important to remember that in all cases you need to file an appropriate statement of claim to invalidate the will in whole or in part to the court. The law determines the limitation period for disputes related to the recognition of invalidity in wills in accordance with article number 181 of the Civil Code of the Russian Federation. This period is equal to one year from the moment the person is informed about the violation of his legal rights by wills. According to the first paragraph of Article No. 3 of the Civil Procedure Code of the Russian Federation, filing a claim to invalidate a will is available to those persons who are directly interested in the outcome of the case. The list of such persons includes citizens whose rights and interests are violated by the wills in question. The applicant can be not only an individual, but also the Russian Federation itself, which can claim escheated property.

If a will is declared invalid, the following list of actions is provided for by the interested party:

1. 1. The plaintiff must collect the required documents and written evidence of the invalidity of the will. The list of such evidence may include certificates and extracts from psychoneurological dispensaries and hospitals, as well as other medical institutions. Materials in the form of judicial acts and witness testimony will help you challenge a will. Information may be presented in writing, audio or video format. All arguments that confirm the nullity or possibility of challenging the will must be fair and completely reliable.
2. 2. After collecting the documents, the plaintiff will have to go to the court at the place where the inheritance case was opened with the appropriate statement of claim. The claim must specify mandatory information, including the full name of the judicial institution, the applicant’s passport details and his place of residence, information about third parties who are and are not making their own claims to the inheritance. The list of uninterested third parties also includes a notary. The applicant's demands must be detailed and reasoned. The statement of claim is drawn up in several copies, since each party, including the defendant, the court and the plaintiff himself, must receive a copy of the claim. Also attached to the statement of claim is a receipt confirming payment of the state fee, a copy of the will of the testator, documents confirming his death, and the evidence base from the first paragraph.

Additionally, provision is made for the involvement of persons interested in the decision. In some cases, special examinations may be required. Their initiator can be a plaintiff, a defendant or a court. After completing the above steps, the court makes a decision to recognize the will as invalid or legal.

Please note that special expertise may be required if it is necessary to obtain the expert opinion of relevant specialists. If the cause of the dispute is the mental incapacity of the testator at the time of drawing up the will, medical specialists may be involved in the examination. Initiatives of the parties to conduct an examination may be rejected by the judicial commission with a mandatory justification for the refusal. In cases where one of the parties requires a special examination, and the other is against the appointment, the court considers the petitions of both parties. If the plaintiff wins the case, provided that he insisted on conducting the examination, the cost of the examination is paid by the applicant.

Testamentary documents declared invalid by the court

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Doubts arise about the authenticity of a testamentary document if it is not handwritten, but printed, or it is obvious that it was drawn up by another person, even at the request of the testator. A will for inheritance must be drawn up by the testator in his own hand.

Testamentary documents recognized by the court as invalid differ from each other: void and voidable.

Void testamentary documents

If it is proven that the will was drawn up by an incompetent or minor testator, then the document is deprived of legal force and is recognized as void.

Voidable wills

Contested wills require compliance with the procedure for appealing in court, which is why failed heirs, whose rights in the will were ignored, turn there. But the heir’s application for appeal is not enough. The court must have indisputable evidence of the invalidity of the document.

It is up to the offended heir to collect such facts. He can present in court witness testimony, data from independent examinations , evidence of the results of a medical examination or psychological examination of the testator , available video recordings and other objective and obvious facts.

Time limits for consideration of cases on recognition of the invalidity of a will

The time frame for consideration of the case on recognizing the invalidity of a testamentary document and the direct recognition of the will as legal or illegal are determined taking into account the type of claim and the grounds for making the corresponding decision. For example, claims with demands to declare a will null and void can be considered within 10 years from the date of the death of the testator. In turn, claims related to invalid documents due to the possibility of challenging them are considered by the court within one year. The starting point of this period is the moment the applicant receives information about the invalid nature of the will left by the testator. Please note that this moment is not equivalent to the moment of opening of the inheritance. As judicial practice shows, the plaintiff can receive this information much later.

Statute of limitations

You can file a claim to invalidate a will immediately after the death of the testator. The maximum period for civil law protection is three years . The specific period depends on the grounds for declaring the order invalid.

The countdown of time begins from the moment when the plaintiff became aware of the violation of his rights and the identity of the defendant.

The period for consideration of a civil case is 2 months . The countdown of time begins from the moment the statement of claim is filed (Article 154 of the Civil Code of the Russian Federation).

At the same time, the law provides for the possibility of postponing the hearing of the case. The reasons may be different - failure of a participant to appear for a valid reason, participation of a representative in another court hearing, illness of the plaintiff/defendant, business trip of a party to the case, recusal of the judge.

In practice, the hearing of the case can take up to six months. Additionally, you need to take into account the timing of the court decision coming into force.

After the announcement of the procedural act, the parties are given a month to appeal it. If no one has filed an appeal against the court decision, then it comes into force.

If a procedural document is appealed, the case is transferred to the court of second instance. The court's decision is vested with legal force following consideration of the appeal. The minimum period for consideration of a case in a court of second instance is 2 months (Article 327.2 of the Code of Civil Procedure of the Russian Federation).

Consequences of challenging a will

If a will was declared invalid in accordance with a court decision, this decision is not a basis for revoking the rights of heirs under another will. Also, in the case of invalid wills, there is no deprivation of the full inheritance or part thereof of the remaining persons entitled to the inherited property in accordance with current legislation. Heirs recognized as such by law have the right to receive their due share or full property in order of priority. If another will existed before this will was contested by a court decision, the first document is restored in its legal force.

Evils of document invalidity

In accordance with paragraph 3 of Art. 1131 of the Civil Code of the Russian Federation, significant defects that cast doubt on the validity of a will include those circumstances that directly affect the freedom of expression of the testator, and also distort the understanding of his intentions to dispose of his property. According to the law, such circumstances are cases where a will was made in a state of error, deception, or under the influence of physical or psychological pressure.

Minor defects that do not entail the invalidity of the will and, accordingly, other legal consequences, represent minor violations of the requirements for its preparation, signing and certification. Thus, the presence of clerical errors or typos in the text of a document that do not distort the will of the testator cannot be grounds for challenging the entire will or its individual parts.

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Benefits of using experienced lawyers to challenge a will

As mentioned earlier, the procedure for recognizing the invalidity of a concluded will is carried out in accordance with a court decision. During the probate process, plaintiffs may face a number of significant challenges and obstacles. Thus, an incorrect drafting of a statement of claim can hinder a quick and positive court decision. Other reasons and irregularities may also affect legal proceedings. At the same time, the most difficult stages of consideration of a case regarding invalid or contested wills are the actual judicial part of the proceedings and work with witnesses. In response to attempts to challenge a will, the opposing party in the vast majority of cases brings witnesses to the case. These witnesses most often have an initially negative attitude towards the plaintiff. Thus, the support of a lawyer at this stage is especially important. It is an experienced lawyer who will help turn the testimony in favor of the applicant.

Most often, courts have to consider cases related to the invalidity of wills due to defects of will. If such a will is declared illegal, the court proceedings are engaged in establishing certain facts. In particular, the judge must find out whether the testator was fully competent at the time of drawing up the document. Based on the answer to this question, the will can be confirmed or refuted. Legal experience shows that the courts' opinions on wills at the stage of making a final decision in such cases vary greatly. For example, if the testator fails to provide medical documents issued on the day the will was executed and confirming the testator’s legal capacity, the notary cannot fully assess his legal capacity. Thus, this is the main problem in the future when executing the will of the testator.

Specialists of the Moscow Municipal Bar Association are ready to provide the necessary assistance in challenging a will to both plaintiffs and defendants. Depending on the circumstances, we will undertake to prove that the will is completely legal or that the will of the testator in the will does not correspond to his actual instructions. If you have received a will and do not agree with its contents, seek advice from our lawyers. Experts will carefully study the will and related materials to determine the prospects and likely consequences of litigation. Disputes regarding a will occur to our lawyers quite often, and our extensive experience allows us to challenge a will or defend its legality in accordance with the client’s intentions.

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.

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Vice of will

Insanity (Article 177 of the Civil Code of the Russian Federation), delusion (Article 178 of the Civil Code of the Russian Federation), the influence of deception, violence, threats or a confluence of difficult circumstances (Article 179 of the Civil Code of the Russian Federation) entail the invalidity of a will. A defect of will means that a will is voidable.

Challenging a will under Art. 177 of the Civil Code of the Russian Federation is the most common ground for invalidity in practice.

In accordance with paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 N 11 “On the preparation of civil cases for trial,” in all cases where, due to the circumstances of the case, it is necessary to find out the mental state of a person at the time he committed a certain action, a court order must be appointed -psychiatric examination, for example, when considering cases of invalidating transactions on the grounds that they were committed by a citizen who is unable to understand the meaning of his actions or manage them (Article 177 of the Civil Code of the Russian Federation). Therefore, it is mandatory for this category of cases to order a post-mortem forensic psychiatric examination in order to determine the mental state of the testator at the time of making the will.

Experts, as a rule, prepare an opinion based on information about the diseases of the deceased recorded in the medical documentation.

Formed judicial practice of applying Art. 177 of the Civil Code of the Russian Federation does not recognize the special evidentiary force of a notarial act in terms of the notary’s assessment of the testator’s condition. It must be agreed that advanced age or illness leave an imprint on the ability to adequately assess the situation, to be aware of the actions being taken and their consequences. It is correct to recommend that testators obtain appropriate medical certificates in order to eliminate doubts.

• Determination of the Supreme Court of the Russian Federation dated 04/05/2016 N 60-KG 16-1

The inability of the testator at the time of drawing up the will to understand the meaning of his actions or to direct them is the basis for recognizing the will as invalid, since there is no corresponding expression of will to dispose of property in the event of death.

Legally significant circumstances in this case are the presence or absence of a mental disorder in the testator at the time of drawing up the will, the degree of its severity, the degree of existing violations of his intellectual and (or) volitional level.

Disagreeing with the conclusions of the experts who conducted the initial and repeated forensic psychiatric examinations, the appellate court referred to the testimony of witnesses and the explanations of the notary who certified the contested will, according to which the testator, at the time of drawing up and signing the will, was sane, adequate and capable of understanding the meaning of his actions . The court indicated that the testimony of witnesses refuted the conclusions of forensic experts.

Canceling the ruling of the appellate court, the Supreme Court of the Russian Federation indicated that witness testimony could have established facts indicating the characteristics of the testator’s behavior, his actions, his actions and his attitude towards them.

Establishing, on the basis of these and other data available in the case, the presence or absence of a mental disorder and its degree, requires special knowledge, which, as a rule, neither the witnesses, including the notary who certified the will, nor the court possess.

• Determination of the Moscow City Court dated February 15, 2016 No. 4 g-954/2016

The will addressed to the defendant (a social worker who, at the time of its preparation, provided the testator with social assistance under an employment contract) was declared invalid under Art. Art. 177, 169 of the Civil Code of the Russian Federation: the court established the fact that the testator had a mental disorder when drawing up a will and the fact that the defendant abused his rights in the performance of work duties.

Although the conclusion of the forensic psychiatric examination did not give a categorical answer to the court’s question about whether the testator at the time of drawing up the will could understand the meaning of his actions and direct them, the experts established that the testator had a mental disorder at the time of drawing up the will. In accordance with the provisions of the employment contract, the defendant did not have the right to enter into any relationship with the client regarding the execution of transactions with real estate and material assets, and his actions indicate dishonest behavior in order to obtain an apartment.

Upon the inheritance of the disputed apartment, the Department of Social Protection of the Population of Moscow conducted an internal investigation, as a result of which the defendant was dismissed for using information that became known to the social worker in connection with the performance of his job duties for personal gain. The defendant abused his right in the performance of his job duties, since he was reliably aware of the prohibition to enter into any relationship with the client he served regarding transactions with real estate and material assets, but by his actions the defendant contributed to the drawing up of a will on the part of the testator in his favor. The court established circumstances indicating the possibility of recognizing the will as invalid under Art. 169 of the Civil Code of the Russian Federation.

• Appeal ruling of the Moscow City Court dated September 22, 2014 in case No. 33-24078

E.T. filed a lawsuit against M.V., K. to declare the will invalid.

At the court hearing, the plaintiff’s representative explained that at the time of drawing up the above will, E.M. abused alcohol and suffered from various diseases, and therefore, at the time of drawing up the will, he was not able to understand the meaning of his actions and direct them.

Since the question of whether a person, when making a transaction, gave an account of his actions and was able to direct them, requires special knowledge in the field of medicine (psychiatry), the court ordered a post-mortem forensic psychiatric examination (case file 131).

As follows from the conclusion of the commission of experts of the Psychiatric Clinical Hospital No. 1 named after. ON THE. Alekseev dated October 8, 2013 for N... during the life of E.M. suffered from alcohol dependence syndrome, but in the submitted medical documentation there is no information about E.M. signs of any mental disorder with significant impairments in the intellectual-mnestic and emotional-volitional spheres, which, at the time of signing the will on July 20, 2012, interfered with his ability to understand the meaning of his actions and manage them (case sheets 139 - 145).

Thus, based on the examination of the evidence in its entirety: expert opinion, witness testimony, medical documents, the court, refusing to satisfy the claims, correctly indicated that it cannot be concluded that at the time of the completion of the contested transaction E.M. could not understand the meaning of his actions and/or manage them.

• Appeal ruling of the Moscow City Court dated September 18, 2014 in case No. 33-23626

E. filed a lawsuit against B.N.A. on invalidating a will drawn up... on behalf of his aunt... in favor of citizen M.

According to the conclusion of the forensic psychiatric commission of experts from... N..., by the time the will was drawn up...... had pronounced intellectual-mnestic and emotional-volitional disorders, delusional ideas that determined her incorrect behavior, accompanied by a decrease in critical and prognostic functions, with the impossibility of adequately assessing the situation and the nature of interpersonal relationships; she was unable to understand the legal essence, social and legal consequences of her actions. The severe mental disorders that she had during the specified legally significant period - when drawing up a will... deprived her of the ability to adequately regulate her behavior and freely express her will; she could not make decisions independently, could not understand the meaning of her actions and manage them.

This conclusion was used by the court as the basis for the decision to satisfy the stated requirements.

• Determination of the Moscow City Court dated August 27, 2014 No. 4 g/7-8584/14

P.I.I. filed a lawsuit against P.V.I., taking into account the specified claims, asked to invalidate the will drawn up in favor of the defendant by the mother of the plaintiff P.N.F.

In support of the stated requirements, the plaintiff pointed out that at the time of drawing up the will dated October 11, 2012, P.N.F. She could not understand the meaning of her actions and manage them, since she suffered from cancer and had memory problems.

As can be seen from the documents presented, a post-mortem forensic psychiatric examination was appointed and carried out in the case to verify the above-mentioned arguments of the plaintiff.

According to the conclusions of the post-mortem forensic psychiatric examination, P.N.F. during her lifetime she discovered an organic personality disorder of mixed origin (vascular, repeated stroke, intoxication) with mental changes (F 07.08); This is evidenced by the anamnesis data that P.N.F. for a number of years she suffered from hypertension, cerebrovascular disease (cerebrosclerosis), twice suffered acute cerebrovascular accident, after which she showed signs of motor aphasia, intellectual-mnestic decline, and right-sided hemiparesis. The condition was aggravated by cancer intoxication. The presented medical documentation does not contain a convincing description of P.N.F.’s mental state; she was not examined by a psychiatrist. Establish the degree of available P.N.F. changes in the psyche during the legally significant period of October 11, 2012 were not possible due to the lack of objective data and contradictory testimony.

From the medical documentation, a detailed description of which is set out in the expert report, it follows that as of the date of hospitalization in City Clinical Hospital No. 20 on August 24, 2012, P.N.F. was oriented in place, time and person correctly, the memory was preserved; during the period of inpatient treatment from September 27 to October 9, 2012 in City Clinical Hospital No. 15, doctors also noted that the patient was conscious, communicative, and fully oriented correctly; On October 15, 2012, that is, a few days after the drawing up of the contested will, P.N.F. was examined at home by a neurologist, who also noted that the patient was oriented in place and time.

The court used this expert opinion as the basis for the decision, since it meets all the requirements.

Challenging wills under Art. 179 of the Civil Code of the Russian Federation is much less promising based on the burden of proof falling on the plaintiff and the absence of a testator who was allegedly subjected to deception, violence or threats, or executed a will under difficult circumstances and could confirm this.

The deception that prompted the drawing up of a will has legal significance regardless of its subject matter (a person pretended to be a relative of the testator, promised healing, slandered other persons). Deception can come from a designated heir, a legatee, an executor, or an outsider with an indirect selfish motive (the heir's spouse).

• Appeal ruling of the Moscow City Court dated May 26, 2014 in case No. 33-16468

L.T. filed a lawsuit against K.R. on declaring the will invalid.

L.T. believed that the defendant and the defendant’s cohabitant N., the brother of the deceased B., with the passive behavior of the attending physician of the City Hospital N... N. and the chief physician K.A. persistently and without his will and consent, under the influence of deception, they took advantage of the weak position of the deceased, his simplicity of understanding of life and weakness of character.

Having given a legal assessment to the testimony of the interrogated witnesses, the testimony of the plaintiff L.T., who at the court hearing could not explain what physical influence was exerted on the testator by the defendant, and also explain what the deception on his part was, the court came to the correct conclusion that plaintiff, in accordance with the requirements of Art. 56 of the Code of Civil Procedure of the Russian Federation, no evidence was presented to support their arguments that B.’s will dated ... was drawn up under the influence of deception or physical pressure.

Considering that the applicants' arguments were not confirmed at the court hearing, the court lawfully and reasonably refused to satisfy the stated claims.

Deception, threats and violence

If a will was made under the influence of one of these factors, it may be invalidated. Article 179 of the Civil Code of the Russian Federation should apply.

However, in practice, challenging the last will of the deceased under these circumstances turns out to be very problematic. This is explained by the fact that the testator can no longer reliably tell whether the will was drawn up because, for example, someone threatened him.

However, in each specific case it is necessary to consider the possibility of applying, among other things, the specified norm.